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Material on Russian Federation Law in English:

Selection of Sources

 

By Lucy Cox

 

Published December 2005
Read the Update!

 

Lucy Cox (lcox@camlaw.rutgers.edu) is Reference and Foreign/International Law Librarian at the Rutgers University Law School Library at Camden. Her responsibilities include maintaining the Ginsburgs Collection of Soviet and Post-Soviet Law. She holds an M.LS. degree from Drexel University and a Ph.D. in Russian from the University of Pennsylvania. She has translated legal material from Russian to English. Ms. Cox has given presentations on sources of Soviet and post-Soviet law at conventions of the American Library Association, the American Association for Slavic Studies, and the Mid-Atlantic Slavic Association.

 

Update to an article previously published on LLRX.com, January 15, 2003

<http://www.llrx.com/features/russian2.htm>

 

 

Table of Contents

Background Information

Development of New Russian Legal System: Selected Texts

Research and Bibliographic Guides

Legal Dictionaries

                  Russian-English

                  English-Russian

Major Texts/Treatises

Compilations of Translated Legislation (General)

Journals

Constitution

Codes

Courts

Legal Profession

Election System

Religion

Human Rights

Citizenship

Media

Intellectual Property

Arbitration (Private and International)

Property

Labor

Environment

Tax

Crime and Criminals

Criminal Justice

Terrorism and Related Issues

International Law and Issues

Commercial Law & Business Information

Major Web Sites for Commercial Information

Guides/Current Awareness  

Compilations of laws on Business

Treatises/Texts on Commercial Law

Banking

Bankruptcy

Foreign Investment

Joint Stock Companies  

Monopoly

Privatization

Other Commerce-Related Sites

Newspapers

Search Engines

Other Useful Sites

 

 

Background Information

·       Background Notes: Russia (http://www.state.gov/r/pa/ei/bgn/) - From the U.S. Department of State.

·       The World Fact Book (http://www.cia.gov/cia/publications/factbook/) - From the U.S. Central Intelligence Agency (CIA).

·       Legislationline.org (http://www.legislationline.org) - From Office for Democratic Institutions and Human Rights (ODIHR) of the Organization for Security and Co-operation in Europe (OSCE).Select "Russian Federation" from the country list. The site provides a brief overview of the Constitution and legal system and links to important government bodies. The site also includes legislation and analyses of topics relating to democratization, rule-of-law, and civil and human rights. This site will also be referred to later in relation to specific topics.

·       Hober, Kaj. The Impeachment of President Yeltsin. Huntington, N.Y.: Juris, 2004.  Includes selection of legal documents and Duma debate from May 1999 on the attempt to impeach the Russian President.

·       Kahn, Jeffrey. Federalism, Democratization, and the Rule of Law in Russia. Oxford; New York: Oxford University Press, 2002.  Study of the nature of federalism in the Russian Federation. Includes analysis of bilateral treaties.

·       Pascal, Elizabeth. Defining Russian Federalism. Westport, CN: Praeger, 2003.

·       “The Development of Russian Federalism.”  Statutes and Decisions:  The Laws of the USSR and Its Successor States. 33, no.6 (Nov.-Dec.1997)-34, no.6 (Nov.-Dec. 1998).  These 7 issues include statutes and treaties dealing with the issue of federalism. For decisions of the Constitutional Court regarding federalism, see under Constitutional Court in this paper.

·       Remington, Thomas F. The Russian Parliament: institutional evolution in a transitional regime, 1989-1999. New Haven: Yale University Press, 2001.

·       Yabloko (http://www.eng.yabloko.ru/index.html) - This is the site of the Russian Democratic Party "Yabloko."

 

Development of New Russian Legal System: Selected Texts

·       Ginsburgs, George, Donald D. Barry, and William B. Simons, eds. The Revival of Private Law in Central and Eastern Europe: Essays in  Honour of Ferdinand J.M. Feldbrugge. Dordrecht: M. Nijhoff, 1996.  Includes articles on Property, Environmental law, Tort, Inheritance, Secured transactions, Lease, and International law of the Russian Federation.

·       Risnes, Brynjulf, ed. The Legal Foundations of the New Russia.  Oslo: Norwegian Institute of International Affairs, 1998.  Includes articles on the Constitutional Court, Electoral Process, Federalism, and Citizens’ complaints against public bodies.

·       Nysten-Haarala, Soili. Russian Law in Transition: Law and Institutional Change. Helsinki: Kikimora Publications, 2001.  The aim of this book is to study Russian transitional processes toward rule of law, a market economy and democracy. Focuses on development of constitutionalism, property rights and company law.

·       Ahdieh, Robert B. Russia’s Constitutional Revolution: Legal Consciousness and the Transition to Democracy, 1985-1995. University Park: Penna. State Univ. Press, 1997.

·       Smith, Gordon B. Reforming the Russian Legal System. Cambridge, U.K.; New York, N.Y.: Cambridge Univ. Press, 1996.

 

Research and Bibliographic Guides

·       Kavass, Igor I. Law in Russia and the Other Post-Soviet Republics:  A Bibliographic Survey of English Language and Literature 1992-1995.  Sequel to Soviet Law in English, Gorbachev's Law, and Demise of the Soviet Union. Buffalo, N.Y: William S. Hein & Co., 1997.  Provides a thorough bibliographic listing of books, articles, translations of laws and court decisions from law reviews and other journals.  Access is by author or subject.

·       Kavass, Igor I. Law in Russia and the Other Post-soviet Republics: A Bibliographic Survey of English Language Literature 1996-2001. Buffalo, N.Y.: William S. Hein & Co., 2002.  Continuation of earlier work listed directly above. 

·       Reynolds, Thomas H. and Arturo A Flores. Foreign Law: Current Sources of Codes and Legislation in Jurisdictions of the World. Littleton, CO: Fred B. Rothman & Co., 1989- . (Looseleaf).  Good starting point for research in Russian law. Provides a historical background of the legal system. Provides citations to major sources of law in Russian publications, but also gives copious citations to English translations if they exist. Also available on CD-ROM and on the Internet (http://www.foreignlawguide.com/) (fee-based).

·       Bulletin of Current Research in East European Law. United States:  s.n., 1972-. 3 times a year. Published at the University of Toronto, Centre for Russian and East European Studies, beginning with vol. 11, no.3.  Valuable source for coverage of current publications. Lists books, book reviews, articles from law reviews and other legal and related journals, announcements of conferences and of other news of interest to those involved in East European law. One section in each issue is devoted to listing English translations of legislation and court decisions.

·       "Guide to Russian Legal Research" (http://www.llrx.com/features/russia.htm) By Marina Konioukhova. Extensively detailed outline of and links to Russian governmental and legal organs, with explanations of their history and functions.

·       The Post-Soviet Handbook: A Guide to Grassroots Organizations and Internet Resources. Rev. Ed. By M. Holt Ruffin et al. Foreword by S. Frederick Starr. Seattle: Center for Civil Society International.  In association with University of Washington Press, 1999.  Detailed guide to independent, non-governmental organizations in the countries of the former Soviet Union, including Russia.  Consists of two parts: the first part profiles the organizations, the second part lists Internet resources in the various countries.

 

Legal Dictionaries

Russian-English

·       Baskakova, M.A. Tolkovyi iuridicheskii slovar’ : pravo I biznes: russko-angliiskii, anglo-russkii - Legal Glossary: law and business: Russian-English, English-Russian. 8th ed., rev. and exp. Moscow:  Finansy i statistika, 2000.

·       Borysenko, I.I. and V.V. Saenko. Novyi russko-angliiskii iuridicheskii  slovar’: 23,000 terminov. Moscow: RUSSO, 2002.

·       Business Dictionary: Russian-English-Russko-angliiskii biznes slovar’. Moscow: International Pub. in cooperation with L&H Pub.Co.; Copenhagen: 1999.

·       Butler, William E. Russko-angliiskii iuridicheskii slovar.  Moscow: Zertaslo; London: Simmonds & Hill, 1995.

·       Butler, William E.  Russian-English Legal Dictionary and Bibliographic Sources for Russian Law in English. Ardsley, N.Y: Transnational Pub., 2001.

·       DeBeer, Shane R. Dictionary of Business and Legal Terms: Russian-English/English-Russian. New York: Hippocrene Books, 1995.

·       Komandin, G.A. Anglo-russkii iuridicheskii slovar’. Moscow: TOO SKL, LTD. 1995.

 

English-Russian

·       Andrianov, S.N., A.S. Berson, and A.S. Nikiforov. English-Russian Law Dictionary: approx. 50000 terms=Anglo-russkii iuridicheskii slovar’: okolo 50000 terminov. Moscow: RUSSO, 2002.

·       Braun, Marina and Galina Clothier. English-Russian Dictionary of American Criminal Law. Westport, CT: Greenwood Press, 1998.

·       Komandin, G.A.  Anglo-russkii iuridicheskii slovar. Moskva: TOO SKL, LTD., 1993.

·       Mamulian, A.S. and S. IU. Kashkin. Anglo-russkii polnyi  iuridicheskii slovar - English-Russian Comprehensive Law Dictionary. Moscow: Sovetnik, 1993.

·       Zhdanova, Irina Fedorovna. Anglo-russkii slovar’ po ekonomike I pravu: okolo 40,000 terminov=English-Russian Dictionary of Economics and Law: approx. 40,000 terms. Moscow: Russo, 2004.

 

Major Texts/Treatises

·       Butler, William E. Russian Law. 2d ed. New York, N.Y.: Oxford, University Press, 2002.  Comprehensive textbook includes text of the constitution, listing of treaties, and a chapter devoted to resource material on Russian Law.

·       Butler, William E. Russian Law. New York, N.Y.: Oxford University Press, 1999.  In the preface to the second edition of this work, the author advises  keeping this edition because some material was not incorporated into the later edition.

·       Burnham, William, Peter B. Maggs, and Gennadii M. Danilenko. Law and Legal System of the Russian Federation 2d ed. Yonkers, N.Y.: Juris (for the Parker School on Foreign and Comparative Law), 2004.  Textbook covering all aspects of law; incorporates the case-law method, and includes translations of cases explaining points of law. Also includes study questions

 

Compilations of Translated Legislation (General)

·       Garant (http://garant.ru/english) Fee-based. This is the major database for accessing Russian legislation in English translation. It is updated weekly. Also available on Lexis at Lib: Intlaw; File: RFLaw.

·       Butler, William E., and Jane Henderson. Russian Legal Texts: The Foundations of a Rule-of-Law State and a Market Economy. London: Simmonds & Hill; Boston; The Hague: Kluwer International, 1998.  Contains legislation under these headings: Foundations of  Federation; Rights of an and Citizens; The Judicial System and Other Tribunals; The Legal Profession; Instruments of a Market Economy; Foreign Relations Law. Some of the laws included are:1998 Constitutional law On the Arbitrazh Courts; 1995 Law On the Procuracy; Family Code of the Russian Federation (1995); Criminal code of the Russian Federation (1996); etc.

·       Russia and the Republics: Basic Legal Texts. Vratislav Pechota, general ed. Ardsley-on-Hudson: Transnational Juris, 1991-. (Looseleaf).  8 vols. Russian Federation takes up 3 vols. Frequent updates.  Includes useful introductory notes on salient features of specific laws. Legislation is grouped under headings:  Constitutional law, Civil law, Commercial law, Corporate law, Foreign Investment. Some of the specific laws included are: 1997 Law on Freedom of Conscience and Religious Associations; 1998 Law on Leasing; 1995 Law on Joint Stock Companies; 1998 Law on Limited Liability Companies; 1999 Law on the Protection of Rights and Legitimate Interests of Investors in the Securities Market; etc. An additional volume is titled Judicial and Arbitral Decisions. It covers cases dealing with issues of Russian law in the courts of various countries, including Canada, United Kingdom and the United States.

·       Martindale-Hubbell International Digest. Summit, N.J: Martindale-Hubbell, 1868-1990. Reed, 1990- .Annual.  Search under “Russian Federation”. Useful digests of legislation arranged by topic.

 

Journals

General law journals provide a wealth of material on Russian law, and they may be searched in the standard indexes: Index to Legal Periodicals, Current Law Index, or Index to Foreign Legal Periodicals.  The listing below includes only journals or serials which deal specifically with Russia (or Eastern Europe including Russia). Besides articles and book reviews, some of the journals listed below provide translations of legislation and of court decisions. One of the journals is devoted exclusively to the translation of statutes and decisions.

 

·       East European Constitutional Review. Chicago, IL: Published by the Center for the Study of Constitutionalism in Eastern Europe at the University of Chicago Law School in partnership with the Central European University, 1992-2003.Quarterly. Published by New York University School of Law and Central European University beginning with v.6, no. 4. Contains notes and articles providing overview on constitutional and other public law issues. Archived from v.6, #2/3, Spring/Summer 1997 through v.12, #2/3, Spring/Summer 2003 at http://www.law.nyu.edu/eecr/volumes.html.

·       Mezhdunarodnoe Pravo (International Law). Moscow. 1998-2000. One issue every 4 months. Material is given in both Russian and English. Editorial board is drawn mainly from the Peoples Friendship University in Moscow.

·       Journal of East European Law. New York, N.Y: East European Law Center, Columbia University School of Law, 1999-.Quarterly. Continues /Parker School Journal of East European Law/. Includes useful section titled: “Survey of East European Law”, which provides analytical commentaries on legal developments.

·       Parker School Journal of East European Law. New York, N.Y: Parker School of Foreign and Comparative Law, Columbia University School of Law, 1994-1998. 6 issues per year, 1994-1997. Quarterly, 1998.

·       Post-Soviet Media Law and Policy Newsletter. New York, N.Y: 1993-1999. 10 issues per year.  Published by the Russian-American Press and Information Center, New York University Center for War, Peace, and the News Media and the Howard Squadron Program in Law, Media and Society at Cardozo Law School, Yeshiva University. It is archived at http://www.vii.org/monroe.

·       Review of Central and East European Law. Dordrecht; Boston: M. Nijhoff, 1992-1998. 6 issues per year. 1999-present. Quarterly. Continues as Review of Socialist Law. Published in Cooperation with the Institute of East European Law and Russian Studies at the University of Leiden. Frequently includes translations of legislation. Issues 19-22 contained a section titled “Russian Federation Legislative Survey”, which listed the most important legislation from June 12, 1990 through April 1995. Laws were indexed by subject, with official citations given.

·       Russian Law: Theory and Practice. Moscow: Russian Academy of Legal Sciences, 2005-. Semi-annual. According to the preview issue, this new journal will be edited by the well-know scholar on Russian law, William E. Butler.

·       Russian Politics and Law. Armonk, N.Y: M.E. Sharpe, 1992-. Bi-monthly.  Translations from Russian-language sources.

·       Statutes and Decisions: the Law of the USSR and its Successor States. Armonk, N.Y: M.E. Sharpe, Inc., 1991-. Quarterly. Continues Soviet Statutes and Decisions.  This journal is devoted exclusively to translations. Individual issues, or more than one issue, deal with specific themes, and include relevant   translations of legislation, edicts, court decisions as well as commentary by an editor

·       Sudebnik. London: Simmonds & Hill, 1996-. Quarterly.  Published under auspices of the Moscow Higher School of Social and Economic Sciences and of the Vinogradoff Institute, University College, London. This journal includes translations of recent legislation and court decrees as a regular feature in the section “Documents”. Some of the translated laws found in this journal are: Federal Constitutional Law On Arbitrazh Courts, 2, no.3 (1997): 28-757; Federal Law On Defence of the Rights and Legal Interests of Investors of the Securities Market, 4, no.1 (1999): 209-229; On Foreign Investments in the  Russian Federation, 4, no. 1 (1999); Federal Law On State Regulation of Foreign Trade Activity, 1, no.2 (1996): 427-455;  Federal Law On Joint Stock Societies, 1, no.1 (1996): 199-284; Law on the Organization of Insurance Affairs, 3, no.1 (1998): 173-187; Federal Law On International Treaties of the Russian Federation. 1, no.2 (1996): 456-486; Federal Constitutional Law  On the Judicial System of the Russian Federation, 2, no.1 (1997): 217-237; On Mortgage (Pledge of Immovables), v. 3, no.3 (1998); Fundamental Principles of Legislation of the Russian Federation on the Notariat (1993), 2, no.4 (1997): 1005-1049; On the Peculiarities of the Legal Status of Joint- Stock Societies of Worker People’s Enterprises, 3, no.2 1998): 379-402; Law On  Pledge, 1, no.3 (1996): 819-842.

·       Demokratizatiia. The Journal of Post-Soviet Democratization. Washington, D.C. Heldref Publ., 1992- quarterly. Project of American University and Moscow State University.  Covers array of social issues, including legal ones.

 

Constitution

·       Constitution of the Russian Federation (http://ks.rfnet.ru/english/rus_eng.htm). Adopted by Popular Vote on 12 December 1993 From site of the Constitutional Court of the Russian Federation.

·       The Constitution of Russia: the Basic Law (http://president.kremlin.ru/eng/articles/ConstMain.shtml)

·       From Office of the President of the Russian Federation.

·       Constitution Finder (http://confinder.richmond.edu/russ-eng.htm)  From University of Richmond.

·       Constitution of the Russian Federation (http://democracy.ru/english/library/laws/constitution_eng/index.html)  From Institute for Election Systems Development (IESD). /

·       Constitution of the Russian Federation (http://www.russianembassy.org)  From the Russian Embassy site. Select Constitution from listing on left under Country Profile.

·       Belyakov, Vladimir V., and Walter J. Raymond. Constitution of the Russian Federation: With Commentaries and Interpretations. Lawrenceville, VA: Brunswick Publishing Corp.; Moscow: Novosti, 1994. Includes reference material on 1994 Duma, maps.

·       Constitution of the Russian Federation. Helsinki. Finnish Lawyers’ Publishing, 1994.  Text in English and Finnish.

·       Constitution of the Russian Federation. Moscow: Juridical Literature, 1994.  Text in Russian and English.

·       Tomanov, Vladimir, ed. Constitution of the Russian Federation: A Legal Interpretation.  Bethesda, MD: Austin and Winfield, 1995.  Translations in English, French and German, as well as commentaries.

·       Transition to Democracy. Edited by the International Institute for   Democracy. Strasbourg: Council of Europe Pub., 1997. Includes constitutions of the the former Soviet republics and Mongolia.

·       Constitutions of the Countries of the World. Edited by Gisbert H. Flanz. Dobbs Ferry, N.Y.: Oceana, 1971-.(Looseleaf).

 

Codes

Civil Code

·       Grazhdanskii kodeks Rossiiskoi Federatsii (Civil Code of the Russian Federation): Parallel Russian and English Texts. Edited and translated by Peter B. Maggs and Alexei N. Zhiltsov. Moscow: Norma, 2003. Contains the Civil Code as of 15 Sept. 20003. Also contains all the previous versions of the Civil Code starting with 1995. A useful introduction by Prof. Maggs traces the history and development of the various parts of the Code. Both editors took part in the drafting of the Code. The preface is by the Chairman of the High Commercial Court of the Russian Federation, V.F. Yakovlev.

·       Civil Code of the Russian Federation: Parts One, Two, and Three. Edited,    compiled and translated from the Russian with an introduction by William E. Butler. Oxford; New York; Oxford University Press, 2002.

·       The Civil Code of the Russian Federation: Part 3. With Amendments to the first and second parts. Edited and Translated by Peter B. Maggs. Armonk, N.Y: M.E. Sharpe, 2002.

·       “Civil Code of the Russian Federation: Part Three (26 November 2001)” Translated by William E. Butler. Sudebnik, 6, no.4(2001), 753-819.

·       Civil Code of the Russian Federation: Parts One and Two: Adopted by the State Duma on 21 October 1994 and 22 December 1995, as Amended 20 February and 12 August 1996. Translated by William E. Butler. London: Simmonds & Hill: Primrose Academy, 1997.

·       Russian Civil Legislation: The Civil Code (Parts One and Two) and Other Surviving Legislation of the Russian Federation. Edited, compiled, and translated by William E. Butler. London: Simmonds & Hill; The Hague; Boston: Kluwer Law International, 1999.

·       The Civil Code of the Russian Federation: Parts 1 and 2. Edited and Translated by Peter B. Maggs with A.N. Zhiltsov. Armonk, N.Y: M.E. Sharpe, 1997.

·       Civil Code: Part Two (http://www.mrsa.ru/menu_mde.htm).  In the wording effective from 23 December 1997.  From the Russian Society of Appraisers. Click on "Laws" on left and scroll down to "Civil Code".

 

Criminal Code

·       Criminal Code of the Russian Federation. Translated with an introduction by William E. Butler. 4th ed. London: Wildy, Simmonds & Hill, 2004.

·       Criminal Code of the Russian Federation No. 63-FZ of June 13, 1996. (http://www.legislationline.org/view.php?document=62238)  From Office for Democratic Institutions and Human Rights of the Organization for Security and Co-operation in Europe. At the time of this submission, it included the amendments through Dec. 28, 2004. 

·       Criminal Code. Articles Dealing with Trafficking in Human Beings, etc. Excerpts. (http://www.legislationline.org/view.php?document=58712)  From OSCE Office for Democratic Institutions and Human Rights.  Includes Article 127, Trafficking in Human Beings; Article 240, Recruitment into Prostitution; Article 242, Manufacturing and Distributing Pornography to Minors.

·       “Criminal Code of the Russian Federation.” Edited and Translated by Sarah J. Reynolds. Statutes and Decisions: the Laws of the USSR and its Successor States. 39, no. 4 (July-Aug. 2003)-39, no.6 (Nov.-Dec. 2003).  These three issues contain the Criminal Code as amended through the end of 2003, which came into force Feb. 2004.

·       The Criminal Code of the Russian Federation. Translated by William E. Butler. London: Simmonds & Hill, 1997.

·       The Criminal Code of the Russian Federation. 3rd ed. Edited and translated by W.E. Butler. The Hague: Kluwer Law International, 1999.

·       “Criminal Code of the Russian Federation.” Statutes and Decisions: the Law of the USSR and its Successor States. 33, no.4 (July-August 1997)-33, no.5 (September-October 1997).  Translation of entire code in 2 successive issues of the journal.

·       Criminal Code. Chapter 16, Chapter 18, Chapter 25 (http://www.gay.ru/english/communty/law/crimcode.htm)  From Russian National Gay, Lesbian, Bisexual and Transsexual Site. Includes Article 121, "Infection with a Venereal Disease;" Article 122, "Infection with HIV;" Article 132 "Forced Actions of Sexual Nature;" Article 242 "Unlawful Distribution of Pornographic Materials or Objects."

 

Criminal Corrections Code

·       “Criminal Corrections Code of the Russian Federation.” Edited and Translated by Sarah J. Reynolds. Statutes and Decisions: the Laws of the USSR and its Successor States. 39, nos. 1&2, (Jan.-Apr. 2003). The Appendix for the issue 1&2 also includes “Rules of Internal Order for Correctional Institutions”; the subsequent issue, 39, no. 3, contains “Rules of Internal Order for Corrective-Educational Colonies of the Correctional System of the Ministry of Justice of the Russia Federation”, as well as the Law “On Institutions and Bodies Executing Criminal Punishment in the Form of Deprivation of Freedom”.

 

Criminal Procedure Code

·       Criminal-Procedural Code of the Russian Federation. No. 174-FZ of Dec. 18, 2001. (http://www.legislationline.org/view.php?document=62712)  From Office for Democratic Institutions and Human Rights of the Organization for Security and Co-operation in Europe (OSCE). Shortly before the publication of this article, it included amendments through June 1, 2005.

·       “Criminal Procedure Code of the Russian Federation.” Edited and Translated by William Burnham. Statutes and Decisions: the Laws of the USSR and its Successor States. 40, nos. 1(Jan.-Feb. 2004)-40, no.4 (July-Aug. 2004).  These 4 issues contain the Code as amended through June 29, 2004.

·       “Criminal Procedural Code of the Russian Federation, No. 174 FZ of December 18, 2001.” With commentary by Leonard Orland. Connecticut Journal of International Law. 18, no.1 (Fall 2002), 157-387.

 

Family Code

·       Russian Family Law: the Family Code of the Russian Federation and Federal Law on Acts of Civil Status. Edited and translated by William E. Butler. London: Simmonds & Hill, 1998.

 

Labor Code

·       “The Labour Code of the Russian Federation (2001).” Translated by W.E.    Butler. Sudebnik, 7, no.1, 35-236, and 7, no.2, 239-291.

·       Labour Code of the Russia Federation of 30 December 2001. (http://www.ilo.org/dyn/natlex/natlex_browse.byCountry?p_lang=en)  From Natlex database of the International Labour Organization. Select Russian Federation from list of countries.

·       The Labour Code of the Russian Federation. Translated by William E. Butler. London: Interlist, 1993.

 

Land Code

·       “Land Code of the Russian Federation.” Translated by William E. Butler. Sudebnik, 6, no.2 (2001), 429-530.

 

Tax Code

·       Tax Code of the Russian Federation (http://www.garweb.ru/project/mns/nk/en/index.htm)  From Ministry of Taxation.

·       Tax Code of the Russian Federation: Part One, as Revised and Amended 30 March and 9 July,1999. Edited and translated by W.E. Butler. London: Simmonds & Hill, 1999.

 

Courts

 

Overview

·       Benro Schwarz, “Litigation in Russia.” In  Litigation and Arbitration in Central and Eastern Europe. Edited by David W. Rivkin and Charles Platto. The Hague; London; Boston: Kluwer Law International, 1996.  Succinct explanation of the competence of civil and commercial courts within the Russian Federation court system.

·       Solomon, Peter H. and Todd S. Foglesong. /Courts and Transition in Russia: The Challenge of Judicial Reform/. Boulder, CO: Westview Press, 2000.  Examination of court system based on field research, including survey responses by Russian judges. Includes recommendations for strengthening the court system. Does not include arbitrazh courts or the Constitutional Court.

 

Arbitrazh Courts

·       “The Arbitrazh Courts of the Russian Federation: Continuing Evolution”. Edited and Translated by Sarah J. Reynolds. Statutes and Decisions: The Laws of the USSR and its Successor States. 38, no.6 (November-December 2002).  Includes the Law “On the Arbitrazh Courts in the Russian Federation” (Law of April 1995 as amended July 2003); Law “On Arbitrazh Assessors in the Arbitrazh Courts of the Russian Federation” (Law of May 2001 as amended July 2002 and June 2003); and documents on the practice of the arbitrazh courts.

·       “Legal Reformation: New Institutions and New Principles: Arbitrazh Courts.” /Statutes and Decisions. The Laws of the USSR and its Successor States/. 32, no.4 (July-August 1996).  Includes the Law on the Arbitrazh Courts of April 28, 1995; the Arbitrazh Procedure Code of May 5, 1995.

·       Arbitration Court (http://www.arbitr.ru/eng)  Background information on Supreme Court of Arbitration.

·       “Decrees of the Supreme Arbitrazh Court: On the Legal Status of Forwards’ and “On the Operations of International Treaties of the Russian Federation Relating to Constitutions of Arbitrazh Procedure”. Sudebnik 4, no. 2 (1999): 337-356.

·       See also, Reynolds, Sarah. /Handbook on Commercial Dispute Resolution in the Russian Federation./ Listed under: Commercial Law: Guides/Current Awareness, in this paper.

 

Constitutional Court

·       Constitutional Court (http://ks.rfnet.ru/english/titleeng.htm)  The English version of the official site includes the following: Law on the Constitutional Court of the Russian Federation (http://ks.rfnet.ru/english/ksangl.htm).  Another translation of this law is found under "Laws on the Judiciary" listed below in this section. 

o   Full text of Selected Decisions of the Constitutional Court (http://ks.rfnet.ru/english/decision/titledec.htm)

o   Summaries of Selected Decisions of the Constitutional Court (http://ks.rfnet.ru/english/codicese.htm)

·       Listing of decisions of the Constitutional Court in chronological order, with their names in translation, by John Fowler (http://therussiasite.org/legal/laws/ccrulings/list.html)

·       “Legal Reformation: New Constitutions and New Principles: The Jurisprudence of the First Russian Constitutional Court.” Statutes and Decisions: The Laws of the USSR and Its Successor States. 30, no.3, (May-June 1994)-30, no.6 (November-December 1994). These 4 issues of the journal include decisions of the Constitutional Court issued from January 1992 to the time of its suspension in the political crisis of October 1993.

·       “Legal Reformation: New Institutions and New Principles--The Russian Constitutional Court Revisited.” Statutes and Decisions. The Laws of the USSR and its Successor States. 31, no. 4 (July-August 1995)-31, no.5 (September-October 1995). These 2 issues include a translation of the 1994 Law on the Constitutional Court of the Russian Federation and the first eleven decisions issued in 1995, including the decision and dissents on the constitutionality of the War in Chechnya.

·       “The Development of Russian Federalism: Federalism in the Courts.” /Statutes and Decisions: The Laws of the USSR and its Successor States./ 35, no.3 (May-June 1999)-35, no.4, (Sept.-Oct. 1999). Two successive issues of the journal are devoted to translations of decisions of the Constitutional Court and the Supreme Court of the Russian Federation between 1995 and 1998 dealing with federalism. Often deal with charters and statutes from regions of the Russian Federation.

·       “The Evolution of Constitutional Jurisprudence in the Russian Federation.” Edited by Sarah J. Reynolds. Statutes and Decisions. The Laws of the USSR and its Successor States. 35, no.6 (Nov.-Dec. 1999); 36, no.1(Jan.-Feb.2000)-no.6(Nov.-Dec. 2000); 37, no.1(Jan.-Feb. 2001)-no.6(Nov.-Dec.2001).  These 13 issues contain most of the decisions of the Constitutional Court which were not translated and published in the earlier volumes listed above. The final issue includes decisions from 1999. Issues no. 6 for vols. 36 and 37 include a “Guide” listing decisions by subject matter. 

·       “Decision of the Constitutional Court of the Russian Federation on the Verification of the Constitutionality of Provisions of the Federal law as of April 15, 1998, “ On Cultural Values Displaced to the USSR as a Result of World War II and Situated on the Territory of the Russian Federation.” Mezhdunarodnoe Pravo-International Law. 1/2000/7:281-301.

 

Supreme Court

·       Supreme Court (http://www.supcourt.ru/EN/supreme.htm). The homepage gives a good account of the Russian judicial system.  It also links to the following law: Law on the Status of Judges of 26 June 1992, as amended (http://www.supcourt.ru/EN/jstatus.htm) and Law on the Judicial System of the Russian Federation of 1996 (http://www.supcourt.ru/EN/jsystem.htm).

 

Sites for Legislation on Judicial System

·       Law n.3132-1 on the Status of Judges of June 21, 1992 as amended in 1993 and 1995 (http://www.legislationline.org/view.php?document=55258) From Legislationline, Office for Democratic Institutions and Human Rights of the OSCE.  This law was also listed on the Supreme Court site above.

·       Laws on the Judiciary (http://theRussiaSite.org/legal/laws.html)  This site contains John Fowler's translation of the following laws:

o   Law on the Court System of the Russian Federation of Dec. 31, 1996. Another translation of this law, titled “On the Judicial System of the Russian Federation” is on the Supreme Court Site above.

o   Law on the Constitutional Court of the Russian Federation of July   21, 1994. (http://theRussiaSite.org/legal/laws/constitutionalcourtlaw.html) This is another translation of the law listed above on the Constitutional Court site.

o   Law On Arbitration Courts in the Russian Federation of Apr.28, 1995. (http://theRussiaSite.org/legal/laws/arbitrationcourtslaw.html)

 

Legal Profession

·       Jordan, Pamela. Defending Rights in Russia: Lawyers, the State, and Legal Reform in the Post-Soviet Era. Vancouver; Toronto: UBC Press, 2005. Traces development of the advokatura (defense bar) and methods of advocacy in both criminal and civil cases from Gorbachev era to current.

·       Martindale-Hubbell International Law Directory.  Summit, N.J., Martindale-Hubbell, 1868- 1990; Reed, 1990- . Annual.  Look under “Russia” for listing of  law firms. Includes biographical information on attorneys.

 

Election System

·       Democracy.ru (http://democracy.ru/english)  Site of the NGO, Institute for Election Systems Development (IESD). This organization took over most of the activities of the International Foundation for Elections Systems (IEFS) when it withdrew from Russia. The site includes election laws, model laws, resolutions of the Central Election Commission of the RF (http://democracy.ru/english/library/cec), etc. Some specific laws included are:

o   Law on Political Parties of July 11, 2001.

o   (http://democracy.ru/english/library/laws/parties_fz95_eng/index.html)

o   Law on Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum (http://democracy.ru/english/library/laws/bg_law_eng/index.html)  Enacted September 1997, as amended. Replaced a 1995 law.

o   Law on the Election of the President of the Russian Federation (1999) (http://democracy.ru/english/library/laws/presidelect_eng/index.html)

o   Law on the Election of Deputies to the State Duma of the Federal Assembly of the Russian Federation (1999)  (http://democracy.ru/english/library/laws/dumaelect_eng/index.html) Another translation of this law is listed below in this section.

o   Law on Administrative Liability of Legal Entities for Violations of the Russian Federation Laws on Elections and Referenda (http://democracy.ru/english/library/laws/admin_liability_eng.html)

·       Elections: Primary legislation (http://www.legislationline.org/index.php?topic=3&subtopic=0&subsubtopic=0&intst=0&eu=0&country=34)  From OSCE Office for Democratic Institutions and Human Rights. This site    contains several of the laws also found in the Democracy.ru site listed above in this section.

·       “Legal Reformation: New Institutions and New Principles. Elections: The Federal Assembly.” Statutes and Decisions. The Laws of the USSR and its Successor States. 32, no. 1(January-February 1996). Special issue devoted to legislation and decrees related to elections. Includes text of Law On Elections of Deputies to the State Duma of the Federal Assembly of 21 June 1995.

 

Religion

·       Religion and Law Research Consortium (http://www.religlaw.org/)  From OSCE Office for Democratic Institutions and Human Rights. Select “Russian Federation” from listing of countries.  Contains laws on religion, decisions of the Constitutional Court on religious matters, reports on the state of religion, etc. Among the laws included are Law on the Freedom on Conscience and Religious Associations (http://www.religlaw.org/template.php?id=72) and Law on Charitable Organizations (http://www.religlaw.org/template.php?id=71).

·       Federal Law No. 125-FZ of Sept. 26, 1997, On the Freedom of Conscience and Religious Associations, as amended March 26, 2000 (http://www.legislationline.org/view.php?document=62829&ref=true).  This law is also found on the site listed above.

·       U.S. Commission on International Religious Freedom (http://www.uscirf.gov/countries/region/europe_eurasia/russia/Russia.html)  Includes Annual reports under “Publications”.

·       Religious Freedom World Report: Russia (http://religiousfreedom.com/wrpt/fsu/russia.htm)  From the International Coalition for Religious freedom.  

·       Emory International Law Review. Special Issue “Proselytism in Russia.” Winter 1998.  This issue contains articles and legislation, including the Law on Freedom of Conscience and Religious Associations and Law of the Tula Region on Missionary (Religious) Activity on the Territory of the Tula Region.

 

Human Rights

·       Country Reports on Human Rights Practice (http://www.state.gov/g/drl/hr/index.cfm?id=1470)  From U.S. State Department. Select year, then country.

·       NIS Law and Human Rights Organizations by Country (http://www.civilsoc.org/nisorgs/nislegal.htm)  Select "Russia" from country listing.

·       U.S. Committee on Refugees and Immigrants. Country Reports. Russian Federation. (http://www.refugees.org/worldmap.aspx) Go to “Refugee Conditions: Country” and select “Russia”.

·       Gilligan, Emma. Defending Human Rights in Russia: Sergei Kovalyov, Dissident and Human Rights Commissioner, 1969-2004. London; New York: RoutledgeCurzon, 2004.

·       Human Rights in Russia and Eastern Europe: Essays in Honor of Ger P. van den Berg. Edited by Ferdinand Feldbrugge and William B. Simons. The Hague; New York: M. Nijhoff, 2002.

·       Weiler, Jonathan Daniel. Human Rights in Russia: a Darker Side of Reform. Boulder, Colo.; Lynne Rienner Pub., 2004.

·       Russian Federation, Lessons Not Learned: Human Rights Abuses and HIV/AIDS in the Russian Federation. New York: Human Rights Watch, 2004.

·       Henderson, Jane E. “Defending the Rights and Freedoms of Citizens in the Russian Federation.” Sudebnik, 3, no.2 (1998): 293-302.  Includes the Law On Appealing to a Court Actions and Decisions Violating the Rights and Freedoms of Citizens.

·       Protection of Minority Rights through Bilateral Treaties: the Case of Central and Eastern Europe. Edited by Arie Bloed and Pieter van Dijk. The Hague: Kluwer Law International, 1999. Case studies on effectiveness of bilateral treaties on minority rights in Poland, Hungary and Russia.

·       Sidorenko-Stephenson, Svetalana. Legal Reform and Human Rights in Russia: Key Developments and Actors. Colchester: Human Rights Centre, University of Essex, 1998.

·       Torture in Russia: “This Man-Made Hell”. New York: Amnesty International, 1997.

·       Helton, Arthur C. and Natalia Voronina. Forced Displacement and Human Security in the Former Soviet Union. Ardsley, N.Y: Transnational Publishers, 2000.  Describes trends and most important issues regarding forced displacement in the countries of the former Soviet Union, including Russia. Discusses relevant international instruments, as well as multilateral and bi-lateral treaties among the specific countries. Appendices include: Amended Law of the Russian Federation on Forced Migrants (1995); Amended Law of the Russian Federation on Refugees (1992); and the Commonwealth of Independent States Treaty on Support to Refugees and Forced Migrants (1993).

 

Citizenship

·       Citizenship: Russian Federation. (http://www.legislationline.org/index.php?topic=4&country=34&org=0&eu=0)  From Legislationline (Office for Democratic Institutions and Human Rights of the OSCE. Contains Federal Law on Citizenship of May 31, 2002.)

 

Media

·       Internews Russia (http://www.internews.ru/en/)  This Russian non-profit site provides legislation, commentaries, and links related to media. Among the included laws are the following:

o   Law No. 108-FZ On Advertising (1995) (http://www.internews.ru/law/advertising_eng/advertising_eng.html)

o   Law No. 15-FZ On Communications (1995) (http://www.internews.ru/law/comm_eng/index.html)

o   Law No. 2124-1 On Mass Media (1991) (http://www.internews.ru/law/massmedia_eng/massmedia_eng.html)

o   Law No. 191-FZ On the State Support of the Mass Media and Book-Publishing in the Russian Federation (1995) (http://www.internews.ru/law/support_eng/support_eng.html

·       MediaLaw.ru (http://www.medialaw.ru/e-index.html)  From Moscow Media Law and Policy Institute, a regional NGO. Includes laws which are also given on site listed above, but also other material. Law No. 108-FZ On Advertising (1995); (http://medialaw.ru/e-pages/laws/russian/advertising_eng/advertising_eng.html), Law No. 2124-1 (1991) On Mass Media, as last amended Dec. 8, 2003; (http://www.medialaw.ru/e-pages/laws/russian/massmedia_eng/massmedia_eng.html); Decision of the Plenum of the Supreme Court,  No. 3, of Feb. 24, 2005, “On Judicial Practice at Disposal of Cases on Protection of Honour and Dignity of Persons, and Also Business Reputation of Persons and Legal Entitities (http://www.medialaw.ru/e_pages/laws/russian/supc-24-2005.htm)

·       Post-Soviet Media Law And Policy Newsletter (http://www.vii.org/monroe/)  Published 1993-1999. Full bibliographic information on this journal is given under the "Journals" section of this paper.

·       Russian Media Law and Policy in the Yeltsin Decade: Essays and Documents. Edited by Monroe Price, Andrei Richter and Peter K. Yu. The Hague; London; New York: Kluwer Law International, 2002. This book contains articles, decisions, and legislative material. Much of this appeared earlier in the Post-Soviet Media Law and Policy Newsletter, which is listed under “Journals” in this article. Among the included items of legislation are: Law on Advertising (1995), and Law on the State Support of the Mass Media and Book-Publishing in the Russian Federation (1995)

 

Intellectual Property

·       Russian Agency for Patent and Trademark (Rospatent) (http://www.fips.ru/ruptoen2/index.htm)  This site provides information on the scientific activities and international cooperation projects of the Agency. It also contains Intellectual Property Legislation (http://www.fips.ru/ruptoen2/laws.htm), including the following laws:

o   Patent Law (http://www.fips.ru/ruptoen2/law/patent_law.htm)

o   Law of the Russian Federation on Trademarks, Service Marks and Appellations of Origin of Goods (http://www.fips.ru/ruptoen2/law/tm.htm)

o   Law of the Russian Federation on the Legal Protection of Topographies of Integrated Circuits (http://www.fips.ru/avpen.tims.htm)

o   Law of the Russian Federation on the Legal Protection of Computer Programs and Data Bases (http://www.fips.ru/avptoen2.laws.htm)

·       Law on Copyright and Neighboring Rights (http://www.fips.ru/avpen/docs.htm)

·       Julian Zeligman. Researching Intellectual Property Law in the Russian Federation (http://www.llrx.com/features/russiaiplaw.htm)  Guide to Intellectual Property Law background and sources, as well as useful information on how to research Russian law in general.

·       Intelcom Internet Club (http://www.ipr.inage.ru/documents/index.en.html)  Open Joint Stock Company provides thorough, updated information on legal developments in intellectual property. Registration required to access full text of legislation, but fee seems nominal. Annotations to texts of legislation are available free.

  • Intellectual Property Law in the Russian Federation: basic legislation. 3rd. revised ed. Introduction and translation by W.E. Butler. London: Simmonds & Hill, 2004.

·       Butler, William E., editor and translator. Intellectual Property Law in Russia. London: Simmonds and Hill, 1998.  Contains: “Law on Author’s and Neighboring Rights”; “Law on Trademarks, Service Marks, and Names of Places of Origin of Goods;” “Patent Law of the Russian Federation;” “Law on the

·       Legal Protection of Programmes for Electronic Computers and Data Bases;” “Law on the Legal Protection of Topologies of Integral Microcircuits?”

·       Elst, Michiel and Katlijn Malfliet, eds. Intellectual Property in the Russian Federation: A System in Transition. Brussels: Bruylant, 1994.  Includes many laws dealing with intellectual property, including the Patent Law, Law on Copyright and Neighboring Rights.

·       Elst, Michiel. Copyright, Freedom of Speech, and Cultural Policy in the Russian Federation. Leiden: M. Nijhoff, 2005.

·       Intellectual Property: Eastern Europe and Commonwealth of Independent States. Comp. and ed. by David Garrison. Dobbs Ferry,  N.Y: Oceana, 1995-. (Looseleaf)  Revised edition of Intellectual Property in the ex-Soviet Republics, 1992-1995. Includes translation of intellectual property legislation and related laws.

 

Arbitration (Private and International)

·       Law of the Russian Federation on International Commercial Arbitration. In Force 14 August 1993   (http://www.jus.uio.no/lm/russia.international.commercial.arbitration.1993/index.html) From LexMercatoria.

·       The Arbitrage of the Chamber of Commerce and Industry in Moscow (http://www.mosarbitration.ru/engl/index.html)  The site includes background legislation,  (http://www.mosarbitration.ru/engl/legal_status.html), example of an arbitration agreement (http://www.mosarbitration.ru/engl/agreement.html), and explanation of recognition and enforcement of awards (http://www.mosarbitration.ru/engl/recognition.html

·       The Saint Petersburg International Arbitration Court. Rules. (http://www.jurisint.org/doc/html/reg/en/2000/2000jiregen10.html) From Juris International.

·       Arbitration Institutions (http://www.geocities.com/jdhevh/institutions.html)  Succinct explanation of arbitration institutions in the Russian Federation.  

·       Article on "Law of the Russian Federation 'On International Commercial Arbitration'." (http://www.geocities.com/jdhevh/Arbitration_Law.html) By Professor E.V. Bruntseva.

·       Hober, Kaj. Enforcing Foreign Arbitral Awards against Russian Entities. Irvington-on Hudson, N.Y: Transnational Juris, 1994.

·       Rivkin, David W. and Charles Platto, eds. Litigation and Arbitration in Central and Eastern Europe. The Hague; Boston:  Kluwer Law International, 1998.  Contains: “Arbitration in Russia”, by Andrey Gorodissky. Also includes, in Annex IV of book: Law on International Commercial Arbitration of July 7, 1993; Rules of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation; Statute on the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation?

·       “Rules of International Commercial Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation.” Trans. by W.B. Simons and C. Vaughn-Kirov. /Review of Central and East European Law/. 22, no.1 (Spring 1996).

·       World Arbitration Reporter. Hans Smit and Vratislav Pechota, eds . Juris Pub., 1986-. (Loose-leaf)Vol. 2A contains background on arbitration in the Russian federation; Law of the Russian Federation on International Commercial Arbitration (of 1993), and citations to judicial and arbitral decisions. Vol. 4A contains Rules of The International Arbitral Court at the Chamber of Commerce & Industry of the Russian Federation.

 

Property

·       Mozolin, Viktor P. Property Law in Contemporary Russia. (Washington, D.C: International Law Institute, 1994-. (Looseleaf).

 

Labor

·       Natlex: Russian Federation (http://natlex.ilo.org/)  Natlex is the database of the International Labor Organization of National Legislation on Labour, Social Security and Related Human Rights. Select "Russian Federation" from country list. Information on all the laws and decrees retrieved is in abstract form; full text versions for some are available in Russian. Full text English translations are available for the following three laws: Law No. 10-FZ On Trade Unions of January 12, 1996; Act No. 24901 On Collective and Workplace Agreements of March 11, 1992; Law No. 125-FZ On Employment Accident Benefits of July 24, 1998. This very helpful site also gives citations for the location of English translations in print sources for those laws not found on the site itself. It also lists repealed laws.

 

For Labor Code, see the Codes section of this article.

 

Environment

·       Russia Federal Forest Code of 1997 (http://forest.ru/eng/legislation/forestcode.html)  From site of Russian NGO "Forest Club".

·       Ecolex (http://www.ecolex/index.ph)  Comprehensive site providing thorough coverage of environmental law. Search under country, subject, or date.

·       FAOLEX (http://faolex.fao.org/faolex/)  From Food and Agriculture Organization. Database contains national legislation. Select subject for searching from list on left. For country, use "Russian Federation" as search term.  Retrieves abstracts of ministerial decrees and orders, laws, treaties, etc. (Full text is usually only in Russian).

·       Natural Resources WebLinks (http://www.law.du.edu/naturalresources/weblinks/listweblinks2.cfm)  From University of Denver. Provides environmental information for Russian Federation, as well as links to government agencies, news sources, etc.

 

Tax

·       Karasseva, Marina. Tax Law in Russia. The Hague; London: Kluwer Law International, 2001.

·       Tax and Legal Center (http://www.conseco.ru/eng)  From the commercial firm Conseco. News focusing on tax issues.

 

For Tax Code, see the Codes section of this article.

 

Crime and Criminals

·       Oleinik, Anton N. Organized Crime, Prison and Post-Soviet Societies. Hants, U.K.; Burlington, Vt: Ashgate, 2003.

·       Ledeneva, Alena V. and Kurkachiian, Marina, eds. Economic Crime in Russia. The Hague: Kluwer International, 2000. Essays by various authors. Some included articles are: “Corruption and Violence in Russian Business in Late 1990's”; “Russian Hackers and Virtual Crime;” “Money Laundering Control and the Rule of Law in Russia.”

·       Williams, Phil. Russian Organized Crime. The New Threat?  Ilford, Essex; Portland, OR: Frank Cass, 1997. Essays by various authors on origin and development of Russian criminal organizations and their activities both in Russia and in other countries.

·       Finckenauer, James O. and Yuri A. Voronin. The Threat of Russian Organized Crime. Washington, D.C.: U.S. Dept. Of Justice, 2001. A short (33 pages) report on the evolution of organized crime in the Russian Federation, tracing its development from predecessor groups in the Soviet period. Provides detailed study of organized crime in the Yekateringburg (Sverdlovsk) area. Also available on-line at: (http://www.ncjrs.gov/pdffiles1/nij/187085.pdf)

·       Varese, Federico. /The Russian Mafia: Private Protection in a New Market Economy. /Oxford: Oxford University Press, 2001.  Based on field work in city of Perm, this study points out that the demand for non-state protection stems from the fact that the state cannot offer the protection needed to meet the demand that accompanies the spread of market transactions during the transition to a private economy.

 

For Criminal Code and Criminal Procedure Code, see the Codes section of this article.

 

Criminal Justice

·       Mikhlin, Aleksandr S. The Death Penalty in Russia. London: Simmonds & Hill, 1999.  History of death penalty in pre-Soviet and Soviet periods, and application and regulation of the death penalty in the Russian Federation.

·       Death Penalty. Russian Federation (http://www.legislationline.org/index.php?topic=8&country=34&org=0&eu=0)  From Office for Democratic Institutions and Human Rights of the OSCE. Discusses legal framework for death penalty in the Russian Federation, and the Moratorium installed in 1996.

·       Piacentini, Laura. Surviving Russian Prisons: Punishment, Economy and Politics in Transition. Cullompton, Devon and Portland, Oregon: Willan, 2004.  Based on field work in Smolensk, Omsk and Keremovo regions.

·       Confessions at any Cost. Police Torture in Russia. New York: Human Rights Watch, 1999. Study of pre-trial detention and treatment of accused by Russian police.

·       Human Rights Violations in the Criminal Justice System of Russia: Arrest, Investigation, Pretrial Detention: Documents Collected by the Moscow Center for Prison Reform. Compiler and Editor, Valery Abramkin et al. Moscow: The Center, 1994.

 

For Criminal Corrections Code, see the Codes section of this article.

 

Terrorism and Related Issues

·       “Defining Terrorism”. Statutes and Decisions. Sept.-Oct. 2004, 40, no.5. “Antiterrorist Laws and Agreements in Russia and the Commonwealth States.” Nov.-Dec. 2004, 40, no. 6. Edited by Stephen D. Schenfeld.  The first of these two issues deals with the problem of elaborating coherent legal definitions for “terrorism,”; issue no. 6 contains the basic antiterrorist laws, as well as related laws such as those on money laundering, financing terrorist acts or terrorist acts against railroads; also included are documents on interstate cooperation against terrorism among the CIS states.

·       Terrorism: Russian Federation (http://www.legislationline.org/index.php?&topic=5&subtopic=O&subsubtopic=0&ints=0&eu=0&country=34)  From OSCE Office for Democratic Institutions and Human Rights. Includes primary legislation on terrorism, secondary legislation, and case law.

·       Intelligence Related Laws and Decrees (http://www.fas.org/irp/world/russia/docs/)  Interesting site from Federation of American Scientists. Some translated laws included are: On the Fight Against Terrorism (of July 25, 1998); On Foreign Intelligence, (January 10, 1996); On Information, Informatization, and the Protection of Information, (February 20, 1995). Also includes many presidential decrees dealing with security issues, statutes of bodies involved with security, and other related material.

 

International Law and Issues

·       Law on Trophy Art (http://docproj.loyola.edu/rlaw)  Law on art which was taken from other countries during World War II and moved to the Soviet Union.

·       Ministry of Foreign Affairs (http://www.mid.ru/)  Select "English" on bottom of page. Contains Daily News Bulletin, press releases and reports.

·       Permanent Mission of the Russian Federation to the United Nations (http://www.un.int/russia/home.htm)  Press releases and statements to the U.N. made by Russian delegates.

·       Agreement on the Establishment of the Commonwealth of Independent States (CIS) (http://theRussiaSite.org/legal/laws/CISagreement.html) Unofficial translation by John Fowler.

·       Charter of the Commonwealth of Independent States (http://theRussiasite.org/helga/laws/CIScharter.html) Unofficial translation by John Fowler.

·       Butler, William E. Russian Law of Treaties. London: Simmonds & Hill, 1997.  Contains Law On International Treaties and Continuation of Treaties made by the USSR.

·       Ginsburgs, George. From Soviet to Russian International Law: Studies in Continuity and Change. (Law in Eastern Europe, vol. 48).The Hague: Martinus Nijhoff, 1998.

·       Mullerson, Rein, et.al., eds. Constitutional Reform and International Law in Central and Eastern Europe. The Hague: Kluwer Law International, 1997.  Includes following essays: “Reference to International Law in the Decided Cases of the First Russian Constitutional Court” by  J. Henderson; “The First Russian Constitutional Court: Hopes and Aspiration” by J. Henderson; “The Russian Treaty Law and the Vienna Convention on Treaties” by M. Andenas; “The New Federal  Law on International Treaties of the Russian Federation” by S. Pounjine.

·       International Law in Russia and Eastern Europe: Essays in Honor of George Ginsburgs. Edited by Roger Clark, Ferdinand Feldbrugge and Stanislaw Pomorski. The Hague; Boston; London: Martinus Nijhoff Publishers, 2001.  Includes following essays: "Recourse Against Judgments in Civil and Criminal Cases in the Russian Federation," by Ger P. van den Berg; "Contemporary International Criminal Law: Concepts and Features," by I.I. Lukashuk; "Moscow's Diplomacy in International Organizations," by Alvin Z. Rubinstein; "TheEnforcement of Foreign Arbitral Awards Under Russian Law: The (Ab)use of the Public Policy Doctrine in Russian Courts," by William B. Simons.  

·       Langstrom, Tarja. Transformation in Russia and International Law. Leiden; Boston: M. Nijhoff Pub., 2003.

  

Commercial Law & Business Information

Major Web Sites for Commercial/Business Information

·       BISNIS (http://www.bisnis.doc.gov/bisnis/country/rusfed.htm)  Site of U.S. Trade Center, U.S. Dept. of Commerce’s primary resource center for companies interested in doing business in Russia and other Newly-Independent-States (NIS). Much information on foreign trade, foreign investment, etc. Links to organizations and government bodies involved with business activities in Russia and other Newly-Independent-States (NIS).  Includes section on business outlook within specific regions of Russia. Contains a “Legal and Regulatory” section (http://www.bisnis.doc.gov/bisnis/country/rusfed.cfm) which gives texts of some recent legislation.)

·       Country Commercial Guide for Russia (http://www.buyusa.gov/russia/en/ccg.html)  From U.S. Commercial Service, U.S. Dept. of Commerce. Prepared by the U.S. Embassy staff annually, this guide provides information on trade regulation, marketing, investment climate, etc. This site gives only one chapter of the report, but provides a link to complete report (http://www.export.gov).

·       Russian Legislation Website (http://www.ey.com/global/content.nsf/Russia_E/Home) From firm of Ernst and Young. Registration required. Contains legislation of Russian accounting, tax and related legislation, including current version of the Tax Code. Also contains Doing Business in the Russian Federation which is intended to provide quick overview of taxation, investment climate, forms of business organization, etc.

 

Guides/Current Awareness

·       Russian Chamber of Commerce and Industry (http://eng.tpprf.ru/)

·       Doing Business in Russia (http://www.bakernet.com/BakerNet/Resources/Publications/Recent+Publications/DBIRussiaMarch02.htm).  From firm of Baker & McKenzie. Accessible in PDF format.

·       Doing Business in Russia (http://www.kpmg.ru/russian/supl/library/taxlegal/Doing_business_in_Russia.pdf).  From firm of ZAO KPMG.  Also available from this firm is a Tax Overview (http://http:www.kpmg.ru/russian/supl/library/taxlegal/Tax_Overview.pdf)

·       Doing Business in Russia (http://www.hlbi.com/DBI_list.asp)  From accounting firm of HLB International.

·       Handbook for doing Business in Russia: U.S. and Canadian Firms in Russia. 5th ed. Moscow: Daksi Publ.; London: Simmonds & Hill, 1998.

·       Legal Guide to doing Business in Russia and the Former Republics of the USSR. Edited by Aviva Yakren. Chicago: Sect. Of International Law & Practice, American Bar Association, 2000.

·       Reynolds, Sarah. Handbook on Commercial Dispute Resolution in the Russian Federation: a Guide for Businesses on Navigating the Russian Legal System for Resolution of Business Disputes. Washington, D.C: U.S. Dept. of Commerce, 2000.  Gives detailed information on various bodies involved in dispute resolution, stressing especially the important role of arbitrazh courts. Outlines steps of procedures in filing claims, responding to petitions, filing appeals, etc. Appendices give examples of petitions, responses to petitions, appeal complaint, etc. Also available electronically at http://purl.access.gpo.gov/GPO/LPS35990.

·       Russian Law News (http://www.russianlaws.com/)  From law firm of LeBoeuf, Lamb, Greene & McRae, L.L.P.)  Explanatory articles on current legislation affecting business. Also provides useful links to other Russian law sources.

·       BNA’s Eastern European Reporter. Washington, D.C: Bureau of National Affairs,. 1991- (Looseleaf). Bi-monthly.  Provides current coverage of legal aspects of commerce. Short overview of recent Developments. Includes country reports, industry checklist, and highlights. 

·       Working with the Non-Profit Sector in Russia: A Guide for Companies, Foundations and international Agencies. Kings Hill, West Walling, Kent: CAF; London: Kluwer Law International Ltd., 1998-. (Looseleaf).

·       Doing Business with Russia. Consultant editor Marat Terterov. 3rd ed. London, Sterling Va: Kogan Page, 2003.  Practical information and advice on all aspects of conducting business in Russia, provided by parties with strong interests in this sphere, such as the firms Deloitte and Touche & CMS CameroMcKenna.

 

Compilations of Laws on Business

·       Russian Company and Commercial Legislation. Compiled and edited, with translations from the Russian and an introduction, by W.E. Butler. Oxford; New York: Oxford University Press, 2003.  Contains principal enactments of civil legislation which are considered by Russian legal doctrine to fall into domain of commercial and company law as of 1 February 2003. Includes legislation on companies, insurance, insolvency, non-commercial organizations, and foreign investment. The Introduction discusses the complex and controversial meanings in the Russian language of the terms “commercial”, “company”, “trade” and “entrepreneurial” law.

·       Birenbaum, David Business Ventures in Eastern Europe and Russia.Englewood Cliffs, N.J: Prentice-Hall Law and Business, 1992. 2 vols.  (Looseleaf)  Commentary and translations of laws. V. 2. contains full text of legislation. Has not been updated since 1993, but still excellent source for laws of that period.

·       Business and Commercial Laws of Russia: Translations with Expert Commentary. J.P. Hupp, gen. ed. Translations by Russica Information, Inc. Colorado Springs, CO: Shepard?s McGraw Hill, 1993-1995. 3 vols. (Looseleaf). Suspended at end of 1995, but still valuable   for research.

·       Trade and Commercial Laws of the Russian Federation: Official Codification and Commentary. Compiled and edited by the Academy of Jurisprudence of the Ministry of Justice of the Russian Federation, The Institute of Economic Problems of the Transitional Period of the Academy of Sciences of the Russian Federation in Association with Dickie, McCamey & Chilcote, P.C.; commentaries by the Univ. of Pittsburgh School of Law faculty. Dobbs Ferry, N.Y: Oceana Pub., 1993. (Looseleaf).  Not updated since 1996, still useful for research.

·       Commercial Code of Russia: an Adaptive Translation of the Laws of the Russian Federation Relating to Domestic and Foreign Commerce. Ed. By N. V. Romanovskaia and R. G. Allen. Manassas, Va. AHH Publications, 1993-1999. (Looseleaf). Publication ceased, but still good as research source.

 

Treatises/Texts on Commercial Law

·       Frenkel, William G. Commercial Law of Russia: A Legal Treatise. Irvington - on-Hudson: Transnational Juris, 1995-. (Looseleaf).  Contains detailed explanations of laws relating to property, business organizations, foreign investment, etc. and includes select translations of legislation.

·       Oda, Hiroshi. Russian Commercial Law. The Hague; New York: Kluwer Law Interntional, 2002.  Comprehensive text covering all aspects of commercial law.

·       Shashkova, A.V. Russian Business Law=Predprinimatel’skoe pravo Rossiiskoi Federatsii. Moscow: Ankil, 2004.

·       Assessing the Value of Law in Transition Economies. Edited byPeter Murrell. Ann Arbor, MI.: University of Michigan Press, 2001. Contains articles by various authors, including the following: "Beyond the Tip of the Iceberg: Business Disputes in Russia," by Kathryn Hendley; "The Experience of Foreign Litigants in Russia's Commercial Courts," by Glenn P. Henrix; "Does Russian Legal Reform Matter? Evidence from Crude Oil Export Allocations," by Daniel Berkowitz. 

·       Orlov, Vladimir. Entrepreneurship in Russia: General Juridical Conditions from the Point of View of the Western Enterprise.  Helskinki: Kauppakaari, 1999. The purpose of this book is to explain how Russian legal norms function with regard to the usual expectations of foreign enterprises. Analyzes legislation regulating entrepreneurship, such as the civil code, joint stock company law, capital investment law, foreign trade legislation, etc. Includes list of "Basic Russian Laws Regulating Entrepreneurship."

·       Tolonen, Juha and Boris Topornin. Legal Foundations of the Russian Economy. Helsinki: Kikimora Publications, 2000.

 

Banking

·       Central Bank of Russia (http://www.cbr.ru/eng/)  Homepage provides information on the history and legal status of the bank, as well as on statistics, foreign exchange rates,  foreign reserves, etc. 

·       Johnson, Juliet Ellen. A Fistful of Rubles: The Rise and Fall of the Russian Banking System. Ithaca., N.Y.; London: Cornell University Press, 2000. Study of causes for the collapse of the Russian banking system in 1998.

 

Bankruptcy

·       "Legislation on Bankruptcy in the Russian Federation: A Special Issue." Review of Central and East European Law. 25:1-2 (1999).Contains translations of the laws On Insolvency (Bankruptcy) and On Insolvency of Credit Organizations; also related decrees of the Government and of the Central Bank.

 

Foreign Investment

·       Butler, William E. Foreign Investment Law in the Commonwealth of Independent States. London, Simmonds & Hill, 2002. ISBN: 1-89802-959-8.  The Introduction gives background of development of foreign investment   legislation and guidance to its practical application. The Appendix includes translations of legislation.

·       Russian Federation: Progress and Reform Challenges. Paris: Organization  for Economic Co-operation and Development, 2004.  Gives legal and regulatory framework for foreign investment, including overview of legislation on investment activity and property rights protection.

 

Joint Stock Companies

·       Black, Bernard S. Guide to the Russian Federal Law on Joint Stock Companies: Commentary and Material. Kluwer. 1998.

·       Russian Joint-Stock Societies: Basic Legislation. Edited and translated by William E. Butler. London: Simmonds & Hill, 1996.

·       Federal Law on Joint-Stock Companies (http://www.fipc.ru/fipctest/law_jsc.html) Translation of 1995 law by William E. Butler.

·       Russian Law on Joint Stock companies. Moscow: Baker & McKenzie, 1996. Russian Federal law on Joint Stock Companies, adopted by State Duma on Nov. 24, 1995, entered into force Jan. 1, 1996.

 

Monopoly

·       “Legal Reformation: New Institutions and New Principles: The Creation and Regulation of Markets: Demonopolization and Competition.” Statutes and Decisions: The Laws of the USSR and Its Successor States. 31, no.2 (Jan.-Feb. 1995)- 31, no.3 (May-June1995). These 3 issues bring together various laws and orders on anti-monopoly policy, including the1992 amended version of the law “On Competition and Limitation of Monopolistic Activity in the Goods Markets”; Presidential edicts; and Decisions of the Arbitration Court dealing with competition and anti-monopoly policy from 1992 to 1995. Issue 31, no.2 focuses on consumer protection, and has different subtitle, “Consumer Protection” instead of “Demonopolization and Competition?

 

Privatization

·       Smit, Hans and Vratislav Pechota, eds.  Privatization in Eastern Europe: Legal, Economic and Social Aspects. Irvington-on-Hudson, N.Y: Transnational Juris; Dordrecht (The Netherlands): Martinus Nijhoff, 1994.  Includes material on privatization in Russia. Annexes include list of privatization laws.

·       Blesi, Joseph R., Maya Kroumova, and Douglas Kruse. Kremlin Capitalism: The Privatization of the Russian Economy. Ithanca, N.Y.: Cornell University Press, 1997.

 

Other Commerce-Related Sites

·       Business-related Legal Acts of the RF (http://www.mrsa.ru/menu_mde.htm)  This site from the Russian Society of Appraisers has not been  updated since 2000. It includes the following laws:  On Insolvency (Bankruptcy) Act of January 28, 1998; On Limited-Liability Companies, Act of February 8, 1998, as amended July 11, 1998; On Book-Keeping, Act of November 21, 1996; On Securities Market, Act of April 22, 1996; Town-Planning Code; On Joint Stock Companies. (Another translation of this law, by William E. Butler, is listed below in this paper).

·       E-Commerce Legislation (http://www.bakernet.com/ecommerce/russia-t.htm)  Summaries on enacted and pending legislation on e-commerce. From law firm of Baker & McKenzie.

·       Embassy of the Russian Federation in Washington, D.C.  (http://www.russianembassy.org)  This site gives information regarding business activities,  including Business Visas, Registration of Documents for Conducting Business Activities in Russia, and the Legalization, Registration, Translation and Obtaining of  Documents on Demand.

·       Franchising Information (http://www.unidroit.org/english/guides/1998franchising/country/russia.htm)  Short summary of legislation and regulations as of July 30, 2002, from International Institute for the Unification of Private Law. 

·       Investment Laws (http://www.stateinvest.spb.ru/eng/laws) From City of St. Petersburg Department of Public Investment. Site not updated since 2000. The site includes federal laws, as well as legislation dealing specifically with investment in St. Petersburg. Two of the numerous laws and decrees found on the site are: Law On Foreign Investment in the Russian Federation of July 9, 1999 (http://www.stateinvest.spb.ru/eng/laws.main/9.php3) and Law on Capital Investment in the Russian Federation of February 25, 1999 (http://stateinvest.spb.ru/eng/laws.main/10.php3)

·       Standards (http://www.snip.com/standards/russia/data.htm)  Explanation of Russian Standards System, links to National Standards Organizations.

 

Newspapers

·       Russia Journal (http://www.russiajournal.com/)  The daily version provides coverage of general news, with emphasis on business matters. Free access to current, and some earlier stories. The weekly version (http://www.therussiajournal.com/) also emphasizes the business sphere. Free access for overview of contents, but fee required for full text of most material.

·       Moscow Times (http://www.moscowtimes.ru/)  Coverage includes general news, but emphasis on business related matters. Current issue is free. Free archive search, but for stories more than one week old, a fee is required.

·       Current Digest of the Post-Soviet Press. Columbus, OH: Current Digest of the post-Soviet Press, 1992- present. Weekly. Subscription based. Provides translations of articles, usually in excerpt form, from newspapers in the Russian Federation. Also available on Lexis/Nexis: Library: News; File: cdsp.

 

Search Engines

·       Rambler (http://rambler.ru) Although the "search" button is not indicated as such in English, using English-language terms does retrieve material.

·       Yandex (http://www.yandex.com/) This also retrieves English-language material.

 

Other Useful Sites

Below is a sampling of many good sites which provide links to Russian legal and sometimes other sources. Much of the linked material which the sites provide regarding Russian government, politics, law, etc., is in Russian only, but there are also useful English-language references included in them as well.

 

·       theRussiaSite (http://theRussiasite.org/) This nicely-organized site provides a listing of  Constitutional Court decisions, and some laws and treaties in translation, several of which have been noted in this paper. Maintained by John Fowler.

·       Global Legal Information Institute (GLIN) (http://www.loc.gov/law/guide/russia.html) From U.S. Library of Congress.

·       Cornell University Law Library. Legal Information Institute (LII) (http://www.law.cornell.edu/world/europe.html#russia)

·       University of Michigan. Foreign Government Resources. Russia (http://www.lib.umich.edu/govdocs/foreur.html#russia)

·       Washburn School of Law. Foreign and International Law. Russia (http://www.washlaw.edu/forint/europe/russia.html)

·       Open Directory Project (http://dmoz.org/Regional/Europe/Russia/Government/Law/) Edited by Alexander Nikiforov (Inforus), this site has an extensive collection of links to Russian law and government sites.