UPDATE:
A Guide to Legal Research in Russia
By Arina V.
Popova and Lev
S. Solovyev
Update by Arina V. Popova and Andrey
A. Arnautovich
Arina V. Popova earned her Master of Laws degree (LLM) at the New York University
School of Law (2006). She received her law degree (J.D.) in 2005 from St. Petersburg State University School of Law, Russia.
Andrey
A. Arnautovich earned
his Bachelor of Laws with Honours degree (LL.B) at Birmingham Law School,
University of Birmingham, England (2013) and
Postgraduate Diploma in International Legal Practice (LPC) at the University of
Law (2014). He also holds a B.A. (Jurisprudence) degree from Saint Petersburg
State University, Faculty of Law, Russia (2005).
Published March 2017
(Previously
updated in by Arina Popova and Lev S. Soloviev in Aug. 2008; and by by Arina V.
Popova and Andrey A. Arnautovich in Dec. 2013, Dec. 2014, and Mar. 2016)
Table of
Contents
I.
Russia
– General Information
B.
Language,
Religion, Currency
II. Political System and the Government
Structure
A.
Democratic and Federal State
B.
Separation and Balancing Powers
C.
State
and Local Self-Government Authorities
1.
State
Authorities of the Russian Federation
2.
State Authorities of the Subjects of the
Russian Federation
3.
Local
Self-Government Authorities
III. The State Authorities of the
Russian Federation
A.
The
President of the Russian Federation
1.
The Role of the President of Russia
2.
The Requirements to be a President
of Russia
3.
The
President’s Major Powers
4.
Impeachment
B.
The Federal Assembly of the Russian
Federation
3.
The Council of the Federation
C.
The Government of the Russian Federation
D.
The Judicial System of the Russian
Federation
3.
Supreme Court of Russian Federation
4.
Courts of General Jurisdiction
5.
Commercial (“Arbitrazh”) Courts
IV. Regional State Authorities
B.
The Constitution of the Russian
Federation
D.
Federal Constitutional Laws
E.
Codes
F.
Federal
Laws
G.
The Decrees and Orders of the
President of the Russian Federation
I.
Regional Laws and Regulations
2.
Garant
3.
Kodeks
VI. Legal Education and Career in Russia
B.
Legal Career
2.
Advocates
4.
Judges
5.
Lawyers at Consulting Companies
VII. Doing Business in Russian Guides
I.
Russia – General Information
A.
Geography and Population
The
Russian Federation, or Russia, is the largest country by territory in the
world, bordering a number of European countries (including Poland and the
Baltic countries) to the west, Finland and the Arctic Ocean to the north, Asian
countries (including China) to the south, and the Pacific Ocean to the east.
According
to the latest All-Russia Population Census (October, 2010), the population of
the Russian Federation was approximately 143.4 million people and in 2016 the Federal
State Statistics Service, the Russian official statistics body, evaluated the
population at 146.5 million
people (official English website). The capital of Russia is Moscow (with a
population of approximately 11.5 million people according to the 2010 Census).
The so-called “cultural” and historical capital is Saint Petersburg (with a
population of approximately 4.9 million people according to the 2010 Census).
B.
Language, Religion, Currency
The
Russian language is the official state language of the Russian Federation.
English is taught more widely than any other foreign language and is the
principal foreign language in the Russian Federation (with 7.6 million people,
or 5.3% of the population, being able to speak English according to the 2010
Census).
Orthodox
Christianity remains the religion of 75% of the population and non-believers
amount to approximately 10%. Other Christian denominations and other religions account
for the remaining 10% (according to the
'Public Opinion 2015' survey (Russian access) by Levada-Center (official English website;
may need to copy and paste the link into browser), a major Russian sociological
think-tank). However, only 4% identify themselves as ‘very religious’ and 68%
describe themselves as ‘rather or not too religious’.
The rouble
(RUR) is the national currency of the Russian Federation.
C.
State Symbols
The National Flag (English access)
of the Russian Federation is a rectangular cloth of three equal horizontal
stripes: the uppermost is white, the middle is blue and the bottom is red.
The National Anthem (English
access) is one of the official state symbols of the Russian Federation. The
Anthem’s words reflect feelings of patriotism and respect for the country’s
history.
The National Coat of Arms (English
access) of the Russian Federation is an official state symbol. The
double-headed eagle has regained its status as the centrepiece of Russia’s
State Emblem, testifying to the continuity of Russian history.
II.
Political System and Governmental
Structure
A.
Democratic and Federal State
After the collapse
of the Russian Empire in the revolutions of 1917, Russia (and later the Soviet
Union) was governed by the Communist Party, the only party that existed in the
USSR. With the fall of the USSR in 1991, the history of the modern Russia
begins.
Today,
Russia is a democratic, federal state with a republican form of governance consisting
of 85 independent Subjects (literarily referred to in Russian as the “Subjects of the Russian Federation”). At
the same time, the federal structure of the Russian Federation is based on its
state integrity. 85 Subjects of the Russian Federation are:
·
22 republics;
·
9 territories;
·
46 regions;
·
3 cities of federal importance;
·
1 autonomous region; and
·
4 autonomous areas.
The
Subjects of the Russian Federation have their own constitutions/charters and
legislation, as well as their own regional state authorities.
In
addition to the division of the Russian Federation into 85 Subjects, each
Subject also contains a number of municipalities. For the purposes of the
President’s direct supervision, in 2000 the territory of the Russian Federation
was also divided into federal districts, each of which is overseen by an
authorized representative appointed by the President. There are 9 federal
districts now. This division does not affect or undermine the powers and
authority of the Subjects of the Russian Federation.
B.
Separation and Balancing of Powers
The state
authorities in the Russian Federation are separated into legislative, executive,
and judicial branches of government, which are independent from each other. The
state power is also divided between the state bodies of the Russian Federation
and the state bodies of the Subjects of the Russian Federation.
C.
State and Local Self-Government
Authorities
1. State Authorities of the Russian
Federation
The State
Authorities of the Russian Federation are:
·
the President of the Russian
Federation;
·
Legislative: The Federal Assembly
(the State Duma, the lower chamber, and the Council of the Federation, the
upper chamber);
·
Executive: The Government of the
Russian Federation and relevant executive authorities; and
·
Judicial: Courts of the Russian
Federation.
The position
of the President is rather unique and will be discussed in a dedicated part
below.
2. State Authorities of the Subjects of
the Russian Federation
The state
power in the Subjects of the Russian Federation is exercised by the state
authorities, comprised of regional legislative, executive, and judicial
branches. Legislative authorities and the governors are elected by the
respective population of the Subjects of the Russian Federation. Executive
authorities are appointed by the elected governor of the Subject of the Russian
Federation.
3. Local Self-Governing Authorities
The power
within the municipalities is exercised by the local self-governing authorities,
which are independent from state authorities. The limits of their power are
prescribed by federal laws.
III.
The State Authorities of the
Russian Federation
A.
The President of the Russian
Federation
1. The Role of the President of Russia
The President of the Russian Federation
(English access) is the head of the State who determines the guidelines of the
State's internal and foreign policies and acts as a guarantor of the Constitution
and rights and freedoms of individual and of the citizen.
The role
of the President is better described as unique: on the one hand, he is the head
of the State who has been democratically elected by the nation, and on the
other hand, he is not the head of the executive branch of power (the Prime
Minister is). However, the President appoints the Prime Minister with approval
of the Duma. This unique status reflects historical heritage of state governance
in Russia. The current Russian President is Mr. Vladimir V. Putin (English
access), who was elected President of Russia on March 4, 2012 and inaugurated
as President on May 7, 2012. Next presidential elections are due in 2018.
2. The Requirements to be a President of
Russia
Any
citizen of the Russian Federation of at least 35 years of age and with a permanent residence record in
the Russian Federation of not less than 10 years can be elected President of
the Russian Federation.
The
President of the Russian Federation is elected for a six-year term by citizens
of the Russian Federation (between 1993 and 2008 the President was elected for
a four-year term). The same person may not be
elected for more than two consecutive terms.
3. The President’s Major Powers
The
President of the Russian Federation has a right to:
·
appoint (with a consent of the
State Duma) the Chairman of the Government of the Russian Federation;
·
chair meetings of the Government
of the Russian Federation;
·
present to the Council of the Federation
candidates for appointment as judges of the highest courts of the Russian
Federation, as well as appoint judges of other federal courts;
·
dissolve the State Duma (in cases provided
by the Constitution of the Russian Federation);
·
submit bills to the State Duma,
sign or veto them, and make public the federal laws; and
·
issue decrees and orders related
to a great number of spheres, which are binding throughout the Russian
Federation. (Those decrees and orders cannot, however, contradict the
Constitution of the Russian Federation and the federal laws).
4. Impeachment
The
President of the Russian Federation may be impeached by the Council of the
Federation on the basis of charges of high treason or other grave crimes,
advanced by the State Duma and confirmed by the Supreme Court of the Russian
Federation and the Constitutional Court of the Russian Federation.
There is
no precedent of successful impeachment in Russia. The impeachment procedure was
once initiated in 1999 against then-President Boris N. Eltsin. The special
committee of the State Duma (responsible for examining the allegations against Boris
N. Eltsin) found all allegations against the President unfounded and no further
actions were taken.
B.
The Federal Assembly of the
Russian Federation
1. General Notes
The
Federal Assembly is a parliament of the Russian Federation sitting on a
permanent basis and consisting of two chambers – the State Duma (the lower
chamber) and the Council of the Federation (the upper chamber). The State Duma
and the Council of the Federation have separate sittings.
2. The State Duma
The State Duma (Russian
access) is the lower chamber of the Federal Assembly of the Russian Federation.
The State
Duma consists of 450 deputies elected for a term of five years. A citizen of
the Russian Federation over 21 years of age is eligible to be elected deputy of
the State Duma. The State Duma sets up committees and commissions and holds
parliamentary hearings on issues within its jurisdiction.
The composition of the State Duma is not based on a bipartisan system like legislative authorities in the United States. Four major parties are currently represented in the State Duma (since 18 September 2016): the pro-presidential party "Edinaya Rossia" (United Russia) (Russian access) (76.2%), Russian Communist Party (English access) (9.3%), Russian Liberal Democrats Party (Russian access) (8.7%), "Spravedlivaya Rossia" (Fair Russia) Party (English access) (5.1%). Next general elections are due in 2021.
Since 2016
a new system of allocation of seats was introduced: half of the Duma (225
seats) are allocated between the parties in proportion of the votes received at
general elections (provided that each passes the 5% threshold) and the other
half is occupied by directly elected representatives from 225 constituencies.
The State
Duma has the following major powers:
·
adoption of the federal
constitutional laws and the federal laws, which are the main sources of law in
the Russian Federation;
·
approving the appointment of the
Chairman of the Government of the Russian Federation; and
·
advancing charges against the
President of the Russian Federation for his impeachment.
3. The Council of the Federation
The
Council of the Federation (Limited English
access and Russian access) is the upper chamber of
the Federal Assembly of the Russian Federation. It consists of (i) two
representatives from each Subject of the Russian Federation: one from the
legislative branch and one from the executive branch of the respective regional
state authorities and, (since 22 July 2014), (ii) up to 17 representatives of
the Russian Federation directly appointed by the President of the Russian
Federation (this is up to 10% of the total number of the representatives of the
Subjects of the Russian Federation).
A citizen
of the Russian Federation over 30 years of age and of spotless reputation who
has been residing in the territory of a respective Subject of the Russian
Federation for at least of five years is eligible to be elected a member to the
Council of the Federation (subject to certain restrictions). The Council of the
Federation sets up committees and
commissions, and holds parliamentary hearings on issues within its
jurisdiction.
The
Council of the Federation has the following major powers:
·
approval of the federal
constitutional laws and the federal laws adopted by the State Duma;
·
approval of changes of borders
between the Subjects of the Russian Federation;
·
impeachment of the President of
the Russian Federation;
·
appointment of judges of the Highest
Courts of the Russian Federation; and
·
appointment and dismissal of the
Prosecutor-General of the Russian Federation.
4. Legislative Process
The
power to initiate bills belongs to:
·
the President of the Russian
Federation;
·
the Council of the Federation and
its members;
·
the deputies of the State Duma;
·
the Government of the Russian
Federation;
·
the legislative bodies of the
Subjects of the Russian Federation; and
·
the Highest Courts of the Russian
Federation (on the matters within their competence).
Bills are
considered and adopted after three hearings by the State Duma. Bills are then either
considered and approved by the Council of the Federation or, if the bills are
not considered within 14 days, are deemed to be approved by the Council.
The
adopted bills are submitted to the President of the Russian Federation for
signing and making them public. The President of the Russian Federation has a
right to veto the bill, which, however, may be overcome by a qualified majority
(2/3 of votes) of both deputies of the State Duma and members of the Council of
the Federation.
Laws shall
be officially published for general knowledge either in "The Russian
Newspaper" (only recent legislative acts in Russian are
available on the web-site) (Russian access), or "The Parliamentary Newspaper"
(Russian access), "The Collection of Laws of the Russian
Federation" Magazine (only the titles of enacted
legislative acts in Russian are available on the web-site) (Russian access), or
on the "The
Official Internet Portal of Legal Information" (Russian access). Laws
are not necessarily published contemporaneously in these sources.
Laws enter
into force on the entire territory of Russia as of 10 days of their first publication
date as described above unless other date is stipulated in the respective laws.
Unpublished laws are not effective.
C.
The Government of the Russian
Federation
The executive
power in Russia is exercised by the Government
of the Russian Federation (English access) and the relevant executive
bodies.
The
Government of the Russian Federation consists of its Chairman (appointed by the
President of the Russian Federation with the consent of the State Duma of the
Russian Federation), Deputy Chairman(s) and federal ministries. The Government
of the Russian Federation resigns before each newly-elected President is
inaugurated. The current Chairman of the Government of the Russian Federation
is Mr Dmitry A. Medvedev, who was appointed Chairman on May 8, 2012.
The
Government of the Russian Federation has the regulatory and supervisory power
in the areas of finance, state budget, culture, science, education, health
protection, social security and ecology, the federal property, national defence,
state security, foreign policy of the Russian Federation, human rights and
freedoms, public order and crime control.
The
Government of the Russian Federation may issue decisions and orders binding
throughout the Russian Federation, which, however, must comply with the
Constitution of the Russian Federation, federal laws and decrees of the
President of the Russian Federation.
At the
time of writing the Ministries in the Government of the Russian Federation are:
·
The Ministry
of Agriculture (Russian access);
·
The Ministry
of Civil Defence, Emergencies and Disaster Relief (English access);
·
The
Ministry of Communications and Mass Media (English access);
·
The
Ministry of Construction, Housing, and Utilities (Russian access / Limited English access);
·
The
Ministry of Culture (Russian access);
·
The Ministry of Defence (English
access);
·
The Ministry for the Development of the
Russian Far East (Russian access);
·
The
Ministry of Economic Development (English access);
·
The Ministry of
Education and Science (English access);
·
The
Ministry of Energy (Russian access);
·
The
Ministry of Finance (English access);
·
The Ministry of Foreign Affairs
(English access);
·
The Ministry of Healthcare (Russian
access);
·
The Ministry of Industry and Trade (Russian
access);
·
The Ministry
of the Interior (English access);
·
The Ministry of Justice
(Russian access);
·
The Ministry of Labour and Social
Protection (English access);
·
The Ministry of Natural Resources and
Environment (English access);
·
The Ministry of North Caucasus Affairs
(Russian access);
·
The Ministry of Sport (Russian access);
·
The
Ministry of Transport (Russian access).
D.
The Judicial System of the Russian
Federation
1. The
Judicial System (the Federal Constitutional Law
"On the Judicial System of the Russian Federation" N 1-FKZ,
dated December 31, 1996) (English access, version as amended
in 2011 / Russian access,
version as amended in 2014)
Justice in
the Russian Federation is administered by the courts alone and exercised by
means of constitutional, civil, administrative, and criminal proceedings.
The judicial system
(English access):
·
Federal state courts:
o the
Constitutional Court of the Russian Federation;
o the
Supreme Court of the Russian Federation;
o courts
of general jurisdiction; and
o specialised
state commercial courts, named "arbitrazh"
courts.
·
Courts of the Subjects of the
Russian Federation:
o constitutional
courts of the Subjects of the Russian Federation; and
o justice
of the peace.
2. The Constitutional
Courts
The
constitutional courts include the Constitutional Court of the Russian
Federation (English access) and constitutional courts of the
Subjects of the Russian Federation. The main function of the Constitutional
Court of the Russian Federation is to resolve issues with regard to the
compliance of laws and regulations with the Constitution of the Russian
Federation.
Constitutional
courts of the Subjects of the Russian Federation have similar functions with
regard to compliance of regional acts with respective regional constitutions
and charters.
3. Supreme
Court of the Russian Federation
As
of August 6, 2014 the Supreme Court of the Russian Federation
(mainly Russian access) became the top court for civil (including commercial),
criminal, administrative, military, and other cases. The Supreme Arbitrazh
Court was completely abolished by the Law dated February 5, 2014 that amended
the Constitution and was accompanied by a series of laws that gave effect to it
(this includes the amendments to the Law ‘On the Judicial System of the Russian
Federation’ No. 1-FKZ dated December 31, 1996; new Law ‘On the Supreme Court of the Russian Federation’
No. 3-FKZ dated February 5, 2014; and some others).
The
change produced mixed opinions in the Russian legal community. Some welcomed
the move as bringing a desired unification to the judicial system but others
were critical about it expressing fears that this might affect the overall quality
of justice in both courts of general jurisdiction and arbitrazh courts. The
correctness of these views is still to be tested. Only a limited number of
judges of the former Supreme Arbitrazh Court joined the reformed Supreme Court
(they either voluntarily opted not to join for various reasons or did not satisfy
qualification requirements).
The
Supreme Court now is the final instance for most cases in the Russian
Federation (however, certain cases may still be brought to the European Court
of Human Rights which decisions are binding on the Russian Federation). It can also
issue advisory opinions on matters of judicial practice that are binding on the
subordinate courts (courts of general jurisdiction and arbitrazh courts).
4. Courts of General Jurisdiction
There is a
two-level system of the courts of general jurisdiction:
- federal (Russian Federation) level: supreme courts of the Subjects
of the Russian Federation (despite their name they are treated as federal
courts), district courts, military courts, and specialised courts; and
- Subjects of the Russian Federation level: justice of the peace.
Together
these courts form a single system ('branch') of the courts of general
jurisdiction (contrast with another 'branch' of courts—arbitrazh courts (see
below)). These courts are headed by the Supreme Court of the Russian Federation
as the supreme judicial body of this branch.
Courts of
general jurisdiction hear (i) civil cases with participation of individuals,
(ii) criminal cases, and (iii) disputes between individuals and state
authorities.
5. Commercial
("Arbitrazh") Courts
Commercial
disputes in Russia are resolved by arbitrazh courts, which have a three-tier
hierarchical system:
·
the first level is the federal
arbitrazh courts located in each Subject of the Russian Federation;
·
the second level is 21 arbitrazh
appellate courts; and
·
the third level is 10 federal
district arbitrazh courts.
In 2013 a new
specialised arbitrazh court – the Court for Intellectual
Property Rights (Russian access) began to deliver its first judgments. It exists
within the three-tier system of arbitrazh courts. It resolves disputes as a first
and (or) third level court for certain disputes (that are generally within the
jurisdiction of arbitrazh courts) related to intellectual property (including
copyright, trademarks, patents and similar disputes).
With the
abolishment of the Supreme Arbitrazh Court in 2014, the Supreme Court of the
Russian Federation became the top court for commercial disputes that are
triable in the arbitrazh courts.
6. Private
Arbitration
Parties
may also refer commercial disputes to the tribunals of private arbitration
(both ad hoc and institutional)
serving as an alternative to the state courts. International commercial
arbitration is mainly regulated by the
Law of the Russian Federation "On International Commercial
Arbitration" (English access), dated July 7, 1993, identical to
the Model UNCITRAL Law.
The best
known international commercial arbitration courts in Russia are the International Commercial Arbitration Court at
the Chamber of Commerce and Industry of the Russian Federation (English
access), the Maritime Arbitration Committee
(Russian access), and the Arbitration Tribunal at
the St. Petersburg Chamber of Commerce and Industry (Russian access).
Parties that
do not have an international component to their dispute may resolve their case
with a tribunal established under the new Law of the Russian Federation "On
Arbitration (Arbitral Proceedings) in the Russian Federation" (Russian
access) (entered into force on 1 September 2016). It repealed the Law of the Russian
Federation "On Arbitration Tribunals in the Russian Federation"
(English Access), dated 24 July 2002. The new law is a cornerstone of the
reform of arbitration (meaning private arbitration, not Commercial
("Arbitrazh") Courts) in Russia. It is intended to improve the
quality of arbitration generally, widen the powers of arbitration tribunals,
and prevent abuse of arbitration. Various helpful overviews with details of the
reform have been prepared by international law firms, for example: by Debevoise
& Plimpton (English access), by Herbert
Smith Freehills (English access), and by White
& Case (English and Russian access).
IV.
Regional State Authorities
The system
of state bodies of the Subjects of the Russian Federation is established by the
Subjects of the Russian Federation in accordance with the general principles of
the organization of representative and executive state bodies established by
federal laws. Therefore, the state power in the Subjects of
the Russian Federation has been traditionally exercised by the regional
executive and legislative bodies elected by the population of those Subjects.
As a
result of the legislative changes initiated by Vladimir V. Putin in 2004 to
reduce the influence of regional state authorities, the governors of the
Subjects of the Russian Federation were nominated by the President of Russia
and approved by the regional legislative bodies. However, in 2012 at the
initiative of then-President Dmitry A. Medvedev, the reform was rolled back and
now the governors are again elected by the population of the respective Subject
of the Russian Federation.
V.
Sources of Law
A.
General Notes
The
Russian Federation is a civil law country. It means that legislative acts are the
sources of law, which have a primary role, whereas court decisions, contrary to
the basics of the common law legal system, are not regarded as the sources of
law. Russia is a secular state and therefore no religious law applies.
B.
The Constitution of the Russian
Federation
The
Constitution of the Russian Federation (English access
/ Russian access) is the supreme
law throughout the territory of the Russian Federation and is self-executing. Laws
and other legal acts adopted in the Russian Federation may not contradict the
Constitution of the Russian Federation.
The
current Constitution of the Russian Federation was adopted through a referendum
on December 12, 1993. Various amendments thereto were introduced later,
including the most recent one in 2014.
C.
International Treaties
International
treaties to which the Russian Federation is a party are an integral part of the
Russian legal system provided that they were ratified by the Federal Assembly
of the Russian Federation. The laws of the Russian Federation should not
contradict international treaties; in case of conflict, however, the rules of
the international treaty will apply. This rule, arguably, does not extend to
the Constitution itself, which will prevail in the extremely unlikely event of a
conflict between the Constitution and an international treaty (there has been
no precedent of such conflict).
D.
Federal Constitutional Laws
Any laws
in the Russian Federation may not contradict the federal constitutional laws.
Federal Constitutional Laws (FCL) are adopted only on the issues exclusively
envisaged by the Constitution of the Russian Federation. At the time of writing
the following FCLs were in force (excluding FCLs that amend other FCLs, FCLs on
amendment of the Constitution, and FCLs on creation of new Subjects of the
Russian Federation):
·
FCL ‘On the State of Emergence’ No.
3-FKZ dated May 30, 2001 (English access
to the version as amended March 7, 2005) (Russian access
to the latest version);
·
FCL ‘On the Admission to the
Russian Federation and the Creation Therein of New Subjects of the Russian
Federation’ No. 6-FKZ dated December 17, 2001 (Russian access
to the latest version);
·
FCL ‘On the National Flag of the
Russian Federation’ No. 1-FKZ dated December 25, 2000 (English access to the
version as amended December 28, 2010) (Russian access
to the latest version);
·
FCL ‘On the National Coat of Arms
of the Russian Federation’ No. 2-FKZ dated December 25, 2000 (English access to the
version as amended on July 23, 2013) (Russian access
to the latest version);
·
FCL ‘On the National Anthem of the
Russian Federation’ No. 3-FKZ dated December 25, 2000 (English access to the
version as amended March 22, 2001) (Russian access
to the latest version);
·
FCL ‘On the Referendum in the
Russian Federation’ No. 5-FKZ dated June 28, 2004 (Russian access
to the latest version);
·
FCL ‘On the Martial Law’ No. 1-FKZ
dated January 30, 2002 (Russian access
to the latest version);
·
FCL ‘On the Commissioner for Human
Rights in the Russian Federation’ No. 1-FKZ dated February 26, 1997 (Russian access
to the latest version);
·
FCL ‘On the Government of the
Russian Federation’ No. 2-FKZ dated December 17, 1997 (Russian access
to the latest version);
·
FCL ‘On the Judicial System of the
Russian Federation’ No. 1-FKZ dated December 31, 1996 (English access
to the version as amended December 6, 2011) (Russian access
to the latest version);
·
FCL ‘On the Constitutional Court
of the Russian Federation’ No. 1-FKZ dated July 21, 1994 (English access
to the initial version) (Russian access
to the latest version);
·
FCL ‘On the Arbitrazh Courts of
the Russian Federation’ No. 1-FKZ dated April 28, 1995 (Russian access
to the latest version);
·
FCL ‘On the Courts of General
Jurisdiction of the Russian Federation’ No. 1-FKZ dated February 7, 2011 (Russian access
to the latest version);
·
FCL ‘On the Military Courts of the
Russian Federation’ No. 1-FKZ dated June 23, 1999 (Russian access
to the latest version);
·
FCL ‘On the Supreme Court of the
Russian Federation’ No. 3-FKZ dated February 5, 2014 (English
access to the version as amended November 4, 2014) (Russian access
to the latest version).
Please
note that there are no official English translations of the FCLs. Therefore,
please use a Russian version for most recent updates.
E.
Codes
The Codes are
consolidated legislation in a particular area. Although formally they have the
force of an ordinary federal law, many of them proclaim themselves to be a law of
the highest judicial force in a particular area among all ordinary federal laws
in the Russian Federation. This sometimes causes problems when interpreting
laws which contradict codes. The Codes usually provide the basis for the
respective area of law.
The most
important Codes in the Russian Federation are the following (in alphabetical
order):
·
the Air Code (Russian access);
·
the Budgetary Code (Russian access / English
access);
·
the City-Planning Code (Russian access / English
access);
·
the Civil Code (Parts 1 - 4) (Russian access / English access);
·
the Civil Procedure Code (Russian access / English access);
·
the Code of Administrative
Procedure (Russian
access);
·
the Code of Arbitrazh Procedure (Russian access / English access);
·
the Code on Administrative
Offenses (Russian access /
English access);
·
the Criminal Code (Russian access / English access);
·
the Criminal Penitentiary Code (Russian access);
·
the Criminal Procedure Code (Russian access / English access);
·
the Customs Code of the Customs
Union (Russian access
/ English
Access);
·
the Family Code (Russian access / English
access);
·
the Forest Code (Russian access / English
access);
·
the Housing Code (Russian access);
·
the Inland Water Transport Code (Russian access);
·
the Labour Code (Russian access / English
access)
·
the Land Code (Russian access / English
access);
·
the Merchant Shipping Code (Russian access
/ English access);
·
the Tax Code (Parts 1 - 2) (Russian access / English access);
and
·
the Water Code (Russian access / English
access).
As of November 2016, a draft of the Unified Civil
Procedure Code of the Russian Federation was still in a
development stage. The
concept of the draft Code was presented to the public in December 2014 (Russia access).
The Code is expected to unify procedural rules and best practices for all court
procedures (other than criminal procedure) and to replace the Civil Procedure
Code, the Code of Arbitrazh Procedure, and, possibly, the Code of
Administrative Procedure. Currently it is not clear when a draft will be
presented to the Duma for debating.
Please
note that there is no official English translation the codes. Therefore, please
use a Russian version for most recent updates.
F.
Federal Laws
The federal
laws have supremacy throughout the Russian Federation. The bodies of state authority,
the bodies of local self-government, officials, individuals and companies are
obliged to observe the federal laws. They, however, may not contradict the
Constitution of the Russian Federation and the federal constitutional laws.
The
federal laws are passed on the issues within the sole jurisdiction of the
Russian Federation, as well as under the joint jurisdiction of the Russian Federation
and the Subjects of the Russian Federation (those jurisdictions are explicitly
defined by the Constitution of the Russian Federation).
G.
The Degrees and Orders of the
President of the Russian Federation
The
President of the Russian Federation issues decrees and orders, which are
obligatory for fulfilment throughout the Russian Federation. Those
decrees and orders may not contradict the Constitution of the Russian
Federation and the federal laws.
H.
The Decisions and Orders of the
Government of the Russian Federation and Other State Executive Authorities
On the
basis, and for the sake of implementation of the Constitution of the Russian
Federation, the federal laws, normative decrees of the President of the Russian
Federation, the Government of the Russian Federation and other state executive
authorities of the Russian Federation issue regulations, decisions and orders,
which are binding in the Russian Federation.
The
decisions and orders of the Government of the Russian Federation, if they are
inconsistent with the Constitution of the Russian Federation, federal laws and
decrees of the President of the Russian Federation, may be declared void by the
President of the Russian Federation.
I.
Regional Laws and Regulations
On
the issues within the joint jurisdiction of the Russian Federation and the
Subjects of the Russian Federation, the latter may adopt regional laws and
regulations, which should comply with the Constitution of the Russian
Federation, the federal constitutional laws and federal laws. In case of a
contradiction, the federal regulations prevail. The Subjects of the Russian
Federation may adopt regional laws and regulations on issues within their
exclusive jurisdiction.
The
President of the Russian Federation has the right to suspend acts of the
executive authorities of the Subjects of the Russian Federation if they
contradict the Constitution of the Russian Federation and the federal laws,
international obligations of the Russian Federation, or violate human and civil
rights.
J.
Court Decisions
As
a general rule, court decisions are not considered as a source of law in the
Russian Federation. There is no concept of judicial precedent in Russia. However,
court decisions of the Constitutional Court of the Russian Federation and
regional constitutional courts are considered as quasi-sources of law, since
they (a) may invalidate normative acts on the basis of the latter's
non-compliance with relevant constitutions/charters, (b) are binding on
everyone (including the State Duma and the President), and (c) cannot be challenged
in any court.
In
addition, as stated earlier, the Supreme Court of the Russian Federation
regularly issues advisory opinions on matters of judicial practice, which are
binding on the courts of the lower instances of the respective judicial
branches. In practice, state authorities, companies and individuals also take
these general rulings into consideration, when facing relevant legal issues.
Although
court decisions are not regarded as a source of law in the Russian Federation,
they usually serve as persuasive legal guidance for legal practitioners.
K.
Official Publications
Federal
constitutional laws, federal laws, decrees and regulations of the President and
Government of the Russian Federation, as well as normative acts of other executive
state authorities are published in the following official printed press: "The Russian Newspaper" (only
recent legislative acts in Russian are available on the web-site), "The Collection of Laws of the Russian
Federation" Magazine (only the titles of legislative acts
in Russian are available on the web-site), "The Parliamentary Newspaper"
(only recent legislative acts in Russian are available on the web-site); and
also published on "The Official Portal of Legal
Information" (Russian access).
Court
decisions of the Constitutional Court and the Supreme Court of the Russian
Federation are published in "Vestnik
of the Constitutional Court of the Russian Federation" (English
access) and "Bulletin of the Supreme Court of
the Russian Federation" (Russian access) correspondingly. A vast collection of various
periodicals is available on the Official Portal of Legal Information
(Russian access).
L.
Russian Legal Databases
There are four
most commonly-used legal databases in Russia:
·
Consultant Plus;
·
Garant;
·
Kodeks; and
·
The Legislation of Russia
Each of
those three legal databases covers all effective codes, federal constitutional
laws, federal laws, decrees and regulations of the President and the Government
of the Russian Federation, normative acts of Russian state executive
authorities, as well as all court decisions of the Constitutional Court, the
Supreme Arbitrazh Court and the Supreme Court of the Russian Federation. Additionally,
they contain acts of the Soviet Union that are still in force and international
acts that are binding for the Russian Federation. A considerable number of
court decisions of lower courts, as well as a great number of books, scholarly
commentaries, and legal publications are also contained in each of these legal
databases.
Also, the
main features of each of those legal databases are outlined below.
1. Consultant
Plus
Today Consultant
Plus (Russian access / Limited English access) is the
largest (mainly fee-based) legislation and court decisions data bank available
in Russia. The total number of documents of Consultant Plus database exceeds 100,000,000
(data correct for 2015). New documents are added into the database on daily
basis, within few days of their adoption by the authorities of the Russian
Federation.
From a
viewpoint of legal practitioners, Consultant Plus contains the most
comprehensive database of Russian court decisions, which are very useful when
dealing with situations similar to those addressed in the decisions. It is
worth noting that Consultant Plus has a free on-line access
to approximately 700,000 documents in Russian language from 8 p.m. to 12 a.m.
on weekdays (Moscow time) and at any time during weekends. Consultant Plus also
has a special supplementary "Consultant Plus Regions", which provides
for access to almost all regional laws and normative acts. In addition,
Consultant Plus is the first Russian legal database providing access to the texts
of classical pre-Revolutionary civil law textbooks, i.e. of 19-20 centuries. Consultant
Plus does not provide for texts of legislation in English, though English
versions of some international acts are available.
2. Garant
A
fee-based database Garant (Russian access /
Limited English access)
includes specialized databases on all spheres of federal legislation. In
addition, the legislative acts of all 85 Subjects of the Russian Federation, as
well as the decisions of Russian courts are presented in the database. An
on-line demo version of the database in English is available
here.
The
main advantage of Garant is that this legal database
supplies information on the Russian legislation both in English and Russian. At
present, all fundamental Russian laws have been translated into English
including documents concerning the civil law, tax law and the avoidance of
double taxation, customs law, etc. Garant database is supplemented weekly with
30-40 documents translated into English.
A
significant number of foreign companies (international organizations, foreign
banks and embassies, large audit, consulting and manufacturing companies) in
Russia use the Garant database. The system Garant is also distributed via the
LexisNexis network.
3. Kodeks
Kodeks (Russian access
/ Limited English access)
is another comprehensive fee-based database of Russian laws, other normative
acts and court decisions.
4. The Legislation of Russia
The Legislation of Russia (Russian access)
is a Government-run informational legal system, a part of the Official Internet
Portal of Legal Information (Russian
access). At the
time of writing (November 2016) the database contained approximately 187,000 documents
of federal legislation (meaning the legislation of the Subjects of the Russian
Federation while local legislation was not included) and covered the period
from 1937 to 2016.
M.
Legal Publications
Legal publications are not
considered sources of law in Russia. However, the following fundamental
textbooks (available in Russian language only) are usually referred to
by legal students and practitioners.
As a part of the civil legislation
reform, the Civil Code of the Russian Federation was significantly changed in
2012-2015 and more amendments are likely to be introduced in the near future.
Therefore, some of the books listed below do not incorporate all recent
changes. However, they remain a valuable source of legal knowledge.
Theory of State and Law
·
Lev I.
Spiridonov, Theory
of State and Law (2001)
·
Andrei V.
Polyakov, Elena V. Timoshina, General Theory of Law (2005)
·
Demian
Bahrah, Essays in the Theory of Russian Law
(2008)
·
Vladik S.
Nersesyants et al, Problems of the General Theory of Law
(2010)
·
Michail N.
Marchenko, Theory of State and Law (2008)
Constitutional Law
·
Marat V.
Baglay, Constitutional Law of the Russian Federation
(6th ed. 2005)
·
Ekaterina
Kozlova, Oleg Kutafin, Constitutional Law of the Russian Federation (4th
ed. 2009)
·
Alexander
N. Kokotov, Michail I. Kukushkin, Constitutional Law of the Russian Federation
(4th ed. 2010)
·
Vladimir
V. Lazarev, Theoretical and Practical Commentary to the Constitution of the
Russian Federation (4th ed. 2009)
Civil Law
·
Alexander
P. Sergeev and Yuri K. Tolstoy (eds), Civil Law, Book 1
(6th ed. 2005)
·
Alexander
P. Sergeev and Yuri K. Tolstoy (eds), Civil Law, Book 2
(4th ed. 2008)
·
Alexander
P. Sergeev and Yuri K. Tolstoy (eds), Civil Law, Book 3
(4th ed. 2006)
·
Alexander
P. Sergeev (ed), Civil Law, Book 1 (2010)
·
Alexander
P. Sergeev (ed), Civil Law, Book 2 (2012)
·
Alexander
P. Sergeev (ed), Civil Law, Book 3 (2010)
·
Alexander
P. Sergeev (ed), Commentary to the Civil Code of the Russian Federation, Part 1
(2012)
·
Alexander
P. Sergeev (ed), Commentary to the Civil Code of the Russian Federation, Part 2
(2012)
·
Anton A.
Ivanov, Lidia U. Mikheeva, Mikhail V. Krotov, Article-by-Article Commentary to
the Civil Code of the Russian Federation, Part 2 (in three volumes) (2011)
·
Anton A.
Ivanov (ed), Legal Positions of Presidium of the Supreme Arbitrazh Court of the
Russian Federation: Selected Resolutions for the Year 2006 with Comments (2012)
·
Anton A.
Ivanov (ed), Legal Positions of Presidium of the Supreme Arbitrazh Court of the
Russian Federation: Selected Resolutions for the Year 2007 with Comments (2012)
·
Anton A.
Ivanov (ed), Legal Positions of Presidium of the Supreme Arbitrazh Court of the
Russian Federation: Selected Resolutions for the Year 2008 with Comments (2012)
·
Anton A.
Ivanov (ed), Legal Positions of Presidium of the Supreme Arbitrazh Court of the
Russian Federation: Selected Resolutions for the Year 2009 with Comments (2012)
·
Evgeniy A.
Sukhanov et al., Civil Law, Book 1 (3d ed. 2008)
·
Evgeniy A.
Sukhanov et al., Civil Law, Book 2 (3d ed. 2008)
·
Evgeniy A.
Sukhanov et al., Civil Law, Book 3 (3d ed. 2008)
·
Evgeniy A.
Sukhanov et al., Civil Law, Book 4 (3d ed.
2008)
·
Oleg N.
Sadikov (ed), Civil Law, Book 1 (2009)
·
Oleg N.
Sadikov (ed), Civil Law, Book 2 (2009)
·
Oleg N.
Sadikov et al., Commentary to the Civil Code of the Russian Federation, Part 1
(3d ed. 2006)
·
Oleg N.
Sadikov et al., Commentary to the Civil Code of the Russian Federation, Part 2
(5th ed. 2008)
·
Vadim A.
Belov, Civil Law, Book 1 (2d ed. 2012)
·
Vadim A.
Belov, Civil Law, Book 2 (2012)
·
Vadim A.
Belov, Civil Law, Book 3 (2012)
·
Vadim A.
Belov, Civil Law, Book 4 (2013)
·
Vadim A.
Belov (ed), Civil Law. The Current Problems of Theory and Practice
(2009)
·
The Civil
Law Research Centre under the President of the Russian Federation, The Concept
of Development of the Russian Civil Legislation
(2009)
Contract Law
·
Mikhail I.
Braginskiy & Vasiliy V. Vitryanskiy, Contract Law, Book 1
(3d ed. 2011)
·
Mikhail I.
Braginskiy & Vasiliy V. Vitryanskiy, Contract Law, Book 2
(2d ed. 2011)
·
Mikhail I.
Braginskiy & Vasiliy V. Vitryanskiy, Contract Law, Book 3
(2d ed. 2011)
·
Mikhail I.
Braginskiy & Vasiliy V. Vitryanskiy, Contract Law, Book 4 (5th
ed. 2011)
·
Mikhail I.
Braginskiy & Vasiliy V. Vitryanskiy, Contract Law, Book 5, volumes 1 and 2
(2d ed. 2006)
Corporate and Commercial Law
·
Boris I.
Puginsky, Commercial Law of the Russian Federation
(2d ed. 2009)
·
Dmitri V.
Lomakin, Corporate Legal Relationships. General Theory and Application Practice
Thereof in Commercial Companies (2008)
·
Vadim A.
Belov (ed), Corporate Law. The Current Problems of Theory and Practice (2009)
·
Irina S.
Shitkina, Corporate Law (2015)
·
Evgeniy A.
Sukhanov, Comparative Corporate Law (2014)
Civil and Arbitration Procedure
·
Galina L. Osokina,
Civil Procedure. General Provisions (3d ed.
2013)
·
Galina L.
Osokina, Civil Procedure. Special Provisions
(2007)
·
Mikhail K.
Treushnikov (ed), Arbitration Procedure
(4th ed. 2011)
·
Mikhail K.
Treushnikov (ed), Civil Procedure (4th ed. 2011)
·
Vladimir V.
Yarkov, Civil Procedure (6th ed. 2006)
·
Vladimir
V. Yarkov, Arbitration Procedure (4th ed. 2010)
International Public Law
·
Kamil’ A.
Bekyashev, International Public Law (5th ed,
2013)
·
Yuriy M.
Kolosov et al., International Law (2d ed.
2007)
·
Igor I. Lukashuk,
International Law: General Part (2005)
·
Igor I. Lukashuk,
International Law: Special Part (2005)
·
Gennadiy
V. Ignatenko, Oleg I. Tiunov, International Law (5th
ed. 2010)
International Private Law
·
Mark M.
Boguslavsky, International Private Law
(6th ed. 2010)
·
Lazar A.
Lunz, International Private Law in 3 Books
(2002)
·
Vladimir
A. Kanashevskiy, International Private Law (2009)
Labor Law
·
Sergey P.
Mavrin, Evgeniy B. Khokhlov (eds), Labor Law of the Russian Federation
(3d ed. 2013)
Criminal Law
·
Alexey N.
Ignatov, Yuriy A. Krasikov, Russian Criminal Law
(Part 1) (2005)
·
Alexey N.
Ignatov, Yuriy A. Krasikov, Russian Criminal Law
(Part 2) (2d ed. 2008)
·
Vladimir M.
Lebedev, Commentary to the Criminal Code (13th
ed. 2013)
·
Alexander
I. Boytsov, Vladimir N. Burlakov et al, Russian Criminal Law. General Part (2d
ed. 2014)
·
Alexander
I. Boytsov, Vladimir N. Burlakov et al, Russian Criminal Law. Special Part (2d
ed. 2014)
Criminal Procedure
·
Alexander V.
Grinenko (ed), Criminal Procedure (3d ed. 2013)
·
Vyacheslav
P. Bozh'ev, Criminal Procedure (4th ed. 2013)
·
Vyacheslav
P. Bozh'ev (ed), Commentary to the Criminal Procedure Code of the Russian
Federation (8th ed. 2012)
Environmental Law
·
Sergey A.
Bogolyubov (ed), Environmental Law (4th
ed. 2013)
·
Michail M.
Brinchuk, Environmental Law (4th
ed. 2010)
·
Olga L.
Dubovik, Environmental Law (3rd ed. 2010)
Land Law
·
Boris V.
Erofeev, Land Law of the Russian Federation
(13th ed. 2014)
·
Sergey A.
Bogolyubov (ed), Land Law (3d ed. 2013)
·
Sergey A.
Bogolyubov (ed), Commentary to the Land Code of the Russian Federation (8th
ed. 2014)
·
Yuriy G.
Zharikov, Land Law of Russia (2008)
·
Dmitriy V.
Zhernakov, Elena K. Krylova et al, Commentary to the Land Code of the Russian
Federation (2d ed. 2012)
Financial Law
·
Elena U.
Gracheva (ed), Financial Law (2012)
·
Marina V.
Karaseva (ed), Financial Law of the Russian Federation
(4th ed. 2012)
·
Nina I.
Khimicheva (ed), Financial Law (5th ed.
2013)
Tax Law
·
Elena U.
Gracheva, Olga V. Boltinova (eds), Tax Law (2013)
·
Natalia A.
Sheveleva, Tax Law, Part 1 (2001)
·
Natalia A.
Sheveleva, Tax Law, Part 2 (2004)
Family Law
·
Alexander
P. Sergeev and Yuri K. Tolstoy (eds), Civil Law, Book 3
(4th ed. 2006)
·
Ludmila M.
Ptchelintseva, Family Law (6th ed. 2013)
·
Maria V.
Antokolskaya, Family Law (3d ed. 2013)
Among the best Publishing Houses
in Russia, which publish books of a high quality are "Norma"
(Russian access), "Prospekt"
(Russian access), "Infra-M"
(Russian access) and "Statut"
(Russian access), "Juridichesky Center"
(Russian Access).
Russian law journals also provide
a wealth of material on Russian law. The listing below includes the most
popular journals among Russian students and legal practitioners.
·
Vestnik of the Economic Justice of
the Russian Federation (Russian
access to the
list of publications)
·
Arbitrazh Disputes Journal (Russian access)
·
Corporate Lawyer Journal (Russian access
to full versions of selected recent publications)
·
Journal of Economy and Law (Russian access
to full publications until 2010, access to newer publications is provide on a fee-basis)
·
Arbitration Journal (Russian access
to the list of publications and a number of articles)
·
The Moscow Journal of
International Law (Russian
access to the
list of publications)
·
Zakon (a legal journal) (Russian access)
VI.
Legal Education and Career in
Russia
A.
Legal Education
There is no official ranking of
Law Schools in Russia. However, national university rankings prepared by
various private expert agencies are becoming increasingly popular (see an overview of available rankings
(Russian access)).
The only existing ranking
of Russian Law Schools (Russian
access), prepared by Interfax (a news agency) in 2009, considered the following
law schools as Top-5 Law Schools in Russia:
·
No.1: The M.V. Lomonosov Law
School of Moscow State University (Russian access)
·
No.2: The Law School of St. Petersburg
State University (Russian
and English
access)
·
No.3: Kutafin Moscow State Law University
(Russian
and English access)
·
No.4: The Law School of Moscow State
Institute of International Relations (Russian access)
·
No.5: The Urals State Law University
(Russian
and English
access)
Most Law Schools are operated and
financed by Russian Government. Legal education takes from 4 (to obtain a
Bachelor of Laws degree) to 6 years (additional 2 years to obtain a Master of Laws
degree after obtaining a Bachelor of Laws degree). Completed education at the
High School level (not the College level as in the United States) is required
to enter the Law School.
Since 2012 Bachelors and Masters degrees of selected overseas
universities are recognized in the Russian Federation without any additional
requirements (the most recent list was approved by the Order of Government of
the Russian Federation No. 2777-r dated December 30, 2015 (Russian access)). The list includes several
hundred foreign educational establishments from 22 countries, including:
- Australia: Australian
National University, University of Sydney, University of Melburn;
- Canada: University of Ottawa,
McGill University;
- Germany: University of
Munster, University of Hamburg, University of Freiburg;
- Japan: Kyoto University,
University of Tokyo;
- Switzerland: University of
Basel, University of Zurich;
- United Kingdom: University of
Birmingham, University of Cambridge, University of Oxford, University of
St. Andrews;
- United States of America: Boston
University, Harvard University, Yale University.
Other academic degrees and ranks (e.g., professor, associate
professor, reader, doctor of philosophy) of selected overseas universities are
also recognized without any additional requirements (the most recent list was
approved by the Order of Government of the Russian Federation No. 582-r dated April
5, 2016 (Russian access)). Academic degrees and ranks
awarded by educational establishments not included in this list must be first examined
by a competent state body that makes a final determination.
B.
Legal Career
Generally, neither a complete
legal education, nor passing a bar exam is required to practice law in Russia,
including representation clients in any courts. However, only those who have
passed a bar exam (i.e. advocates) can represent the defendant in criminal
proceedings; for occupying certain public offices (e.g., a state prosecutor,
judge, etc.) it is necessary to pass an additional exam. However, in practice,
at least in private sector, a law degree is a mandatory requirement to occupy a
law-related position.
The following legal careers are
typical for Russia:
·
In-house lawyer;
·
Advocate;
·
Civil service lawyer;
·
Judge;
·
Lawyer at a consulting company;
and
·
Lawyer at a law firm.
1. In-house
Lawyers
In-house lawyers are the most
widespread category of lawyers in Russia. The largest Russian and multinational
companies and banks have experienced in-house legal advisers. In case of
domestic mergers and acquisitions, it is not uncommon for the vendor to have no
external legal advisor, relying almost entirely on its in-house lawyers.
2. Advocates
Advocates are a separate category
of lawyers, who choose a form of their practice (four possible forms are
prescribed by law and include unions of advocates and privately owned law practices).
This category of lawyers is self-employed and traditionally tends to represent
clients in courts and deal with less complex matters, though they may also act,
and actually often act as legal advisors with regard to any other legal matters.
To be an advocate passing a relevant bar exam is required.
3. Civil Service Lawyers
Profession of a civil services
lawyer (e.g., at state agencies regulating land, property, etc. and in law and
tax enforcement bodies) is popular but salary levels are lower than in private
practice.
The work as a civil services
lawyer is strictly defined by federal laws and regulations.
4. Judges
Judges are a very prestigious
category of lawyers in Russia. There are strict requirements to be a judge.
As a general rule, judges shall be
citizens of the Russian Federation, over 25 years of age, with a higher
education in law (i.e. have both a Bachelor of Laws and Master of Laws degrees or
their equivalent), who have served in the legal
profession for not less than five years. However, particular federal laws
provide for additional, stricter requirements for the judges of the higher
court instances.
Judges (except for those of the
Highest Courts of the Russian Federation) are appointed by the President of
Russia.
5. Lawyers at Consulting
Companies
International consulting
companies, such as the Big 4 companies (Deloitte, Ernst & Young, KPMG, and
PricewaterhouseCoopers), are not prohibited from providing legal services in
Russia (though all Big 4 firms are bound by their internal rules on
independence and, at least to some degree, by US and EU legislation which altogether
set certain limits on the scope of their cervices, e.g., representing a party
litigating against their audit client etc). In practice, they have considerable
legal groups consisting of approximately 30-100 lawyers who often work in close
collaboration with financial and tax advisors.
Lawyers at consulting companies
usually provide corporate and tax advice, though they also tend to have small
groups specialising in a particular area of law. However, the deals in the
consulting companies are usually less complex than those at law firms. Moreover,
in consulting companies, legal departments often play only a supportive role.
6. Lawyers at Law Firms
International law firms are
traditionally considered as the most prestigious employers for the students
graduating from Russian Law Schools. An LLM degree from a prominent US or UK
law school sometimes serves as a prerequisite to enter a number of
international law firms in Moscow. New associates are usually not hired by a
particular department, but generally may choose one of the firms’ major
practice areas to start (banking and finance, capital markets,
corporate/commercial, dispute resolution, energy & natural resources,
intellectual property).
Since the 2007 economic crisis
there has been a shift in the Russian employment market: a general decrease of
demand for legal services has caused lawyers from prominent law firms to seek in-house
positions which offer a comparable salary, a better work and life balance, and
more stable employment. This shift created additional pressure on law firms which
are now in competition with strengthened in-house legal departments as well as
against other law firms (both Russian and international).
At the very top end for the
students and clients are firms such as (in alphabetical order):
·
Akin, Gump, Strauss, Hauer &
Feld
·
Allen & Overy
·
Baker Botts
·
Baker & McKenzie
·
Chadbourne & Parke
·
Cleary Gottlieb Steen &
Hamilton
·
Clifford Chance
·
Debevoise & Plimpton
·
Dechert
·
Dentons
·
DLA Piper
·
Freshfields Bruckhaus Deringer
·
Goltsblat BLP
·
Herbert Smith Freehills
·
Jones Day
·
Latham & Watkins
·
Linklaters
·
Morgan, Lewis & Bockius
·
Norton Rose Fulbright
·
Orrick, Herrington & Sutcliffe
·
Skadden, Arps, Slate, Meagher
& Flom
·
White & Case
·
some others
According to the Legal 500 Series
among the Russian firms, few have managed to truly challenge the dominance of
the Western interlopers. Nevertheless, several (such as Egorov, Puginsky, Afanasiev &
Partners, Pepeliaev Group,
and Muranov,
Chernyakov and Partners) do
compete with international law firms in terms of hiring law school graduates.
The Law Firms ranking with respect
to Russia may be found at Legal 500
and Chambers
and Partners Russian
Internet pages.
VII.
Doing Business in Russia Guides
Doing Business in Russia Guides
hyperlinked below provide a quick overview of issues including but not limited
to the following:
·
General information about the
country;
·
Political system;
·
Foreign investment climate;
·
Forms of business organizations;
·
Mergers & acquisitions;
·
Regulation of securities;
·
Banking;
·
Antimonopoly regulations;
·
Currency regulations;
·
Employment;
·
Real estate;
·
Intellectual property;
·
Privatization;
·
Insolvency;
·
Taxation; and
·
Accounting practices.
Doing Business in Russia Guides
prepared by international law firms (English access):
·
Doing
Business in Russia 2016, prepared
by Baker & McKenzie (January 2016)
·
Doing
Business in Russia 2016,
prepared by CMS Cameron McKenna (October 2015)
·
Legal
Guide to Investing in Russia,
prepared by Herbert Smith Freehills
(November 2015) (copy and paste the link
into browser and wait for a download of the PDF)
Doing Business in Russia Guides
prepared by the Big 4 firms (English access):
·
Doing
Business in Russia 2016,
prepared by Deloitte (January 2016)
·
Doing
Business in the Russian Federation,
prepared by the Ernst & Young (July, 2014)
·
Doing
Business in Russia 2015,
prepared by KPMG (March 2015)
·
Doing
Business and Investing in the Russian Federation 2015,
prepared by PricewaterhouseCoopers (2015)