UPDATE: Guide to Russian Federation Law in English:

Selection of Sources

 

By Lucy Cox

 

Lucy Cox is Librarian Emerita of the Rutgers University Law School Library at Camden, where she was Reference and Foreign/International Law Librarian. Her responsibilities included 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.

Published July/August 2014

(Previously updated on November/December 2010)

See the Archive Version!

 

Table of Contents

1. Preface

2. General Country Background

3. Research and Bibliographic Guides

4. Journals

5. Major Texts

6. Compilations of Translated Legislation (Comprehensive)

7. Constitution

8. Formation and Organization of the Russian Federation

9. Codes

10. Courts /Judicial System

11. Legal Profession

12. Civil and Political Rights

13. Election System

14. Non-Governmental Organizations

15. Migration

16. Human Rights

17. Media

18. Intellectual Property

19. Telecommunications

20. Arbitration (Private and International)/Conflict of Interest

21. Property

22. Labor

23. Education

24. Health

25. Family

26. Environment

27. Criminal Justice

28. Police

29. Terrorism and Related Issues

30. Military

31. Comparative Law

32. International Law and Foreign Affairs  

33. Commercial Law & Business Information

33.1. Guides/Information  

33.2. Compilations of Laws on Business

33.3. Books on Commercial Law

33.4. Banking

33.5. Bankruptcy

33.6. Foreign Investment

33.7. Company and Corporation Law

33.8. Joint Stock Companies  

33.9. Monopoly /Competition

33.10. Securities

33.11. Tax

33.12. Privatization

34. Legal Dictionaries

34.1. Russian-English

34.2. English-Russian

35. News Sources/Analysis

36. Further Suggested Readings

 

1.      Preface

This selection of  resources is intended as a research and informational guide, not as a tool to be consulted for legal advice. The material included is not official, and translations are never true substitutes for the original. The scope of sources for the material included in this compilation is wide, encompassing governmental bodies, non-governmental organizations, international organizations, commercial entities, scholarly works and contributions by private individuals.  More than one translation exists for some material, and older as well as more updated versions of some legislative items are listed. Update information may have changed after the guide was written. Throughout this guide there will be repeated references to three particularly rich sources of  legislative compilations. One is the multi-volume print source Russia and the Republics , edited and translated by William E. Butler;  the second is the journal of translations Statutes and Decisions:The Laws of the USSR and Its Successor States , and the third is the electronic site, Legislationline, from the Office for Democracy and Human Rights of the Organization for Security and Cooperation in Europe. More detailed  information on these is given below under the appropriate headings. This guide is not an exhaustive enumeration of material, but rather a selection meant to provide at least some help to those searching for information on Russian law in English.

 

2.      General Country Background

 

·        The World Fact Book. Russia From the U.S. Central Intelligence Agency (CIA).

 

·        The Statesman’s Yearbook. New York, etc.: St. Martin’s Press, etc. 1864-. Also available on-line (subscription required)

 

·        Legislationline.org From OSCE Office for Democratic Institutions and Human Rights (ODIHR). The site covers the countries belonging to the OSCE , including the Russian Federation. It provides a brief overview of the Constitution and legal system and links to important government bodies. This  site is important for legislation and analyses of topics relating to democratization, rule-of-law, and civil and human rights. Search is by country and topic. This site will be referred to frequently in this article ater in relation to specific topics.

 

·        Embassy of the Russian Federation to the United States.  The section  “about Russia” gives information on the President, Government, Constitution, as well as general country information.

 

3.      Research and Bibliographic Guides

 

·        Foreign Law Guide (Brill/Martinus Nijhoff) Subscription-based. This database provides coverage of the legal systems of many countries, including Russia. It gives thorough explanation of the historical background of the legal system, and provides citations to major laws and other documents. It also provides  citations to translations in English. Its former title is directly below:

 

·        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).  Also available on CD-ROM and on the Internet   (fee-based).

 

·        Bulletin on Current Research in East European Law . United States:  s.n., 1972-2012.  Ceased 

publication. 3 times a year. Published at the University of Toronto, Centre for Russian and East European Studies, beginning with vol. 11, no.3.  Even though this valuable source for coverage of recent information no longer exists, it is still very useful for the useful bibliographic information it provided on books, book reviews, articles from law reviews and other legal and related journals, announcements of conferences and other news of interest to those involved in East European law. One section of each issue is devoted to listing English translations of legislation and court decisions.  

 

·        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.

 

·        A Guide to Legal Research in Russia (Globalex) By Arina Popova and Lex S. Solovyev. Excellent explanation of structure of government and legal system, with links to governmental departments, agencies, courts, etc. Points out when English language information is available on a site.

 

·        Guide to Law Online: Russia (Law Library of Congress) Links to legal sources and other guides.

 

·        Russian Federation: Translation of National Legislation into English (Peter Roudik-Law Library of Congress)

 

4.      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, as well as in electronic sources such as Lexis, Westlaw and Hein Online. 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. Many of the journals are also available electonically.

 

·        Review of Central and East European Law . Dordrecht; Boston: M. Nijhoff, 1992-. Quarterly. Continues  Review of Socialist Law . Published in Cooperation with the Institute of East European Law and Russian Studies at the University of Leiden. Sometimes  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. Also available on Hein Online.

 

·        The Journal of Eurasian Law. Huntington, N.Y. Juris Pub., 2008-. 3 nos. a year. Jointly issued by Duke University, Center for Slavic, Eurasian and East European Studies, and Uppsala University. Besides articles, the journal publishes documents such as court decisions.

 

·        Post-Soviet Affairs.   Silver Spring, MD.; V.H. Winston, 1992- Often has articles dealing with legal matters.

 

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

 

·        Europe-Asia Studies. Abingdon, Oxfordshire, UK: Carfax Pub. Co., 1993-. 8 isues per year. Covers social sciences, including law.

 

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

 

·        Russian Law: Theory and Practice : Journal of the Russian Academy of Legal Sciences. Moscow: Russian Academy of Legal Sciences, 2005-2009. Ceased publication.  Semi-annual. Edited by William E. Butler.  Includes articles, book reviews, excerpts from court cases.

 

·        Columbia Journal of East European Law . New York, N.Y: Columbia University School of Law, 2007-2009. Semiannual. Ceased Publication .

 

·        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. Ceased publication.

 

·        Journal of East European Law . New York, N.Y: East European Law Center, Columbia University School of Law, 1999-2004. 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. Ceased publication.

 

·        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.11, #3, (Summer 2002) at  New York University School of Law   Ceased publication. Also available on Hein Online

 

·        Sudebnik . London: Simmonds & Hill, 1996-2007. Quarterly. Ceased Publication. Was 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, 2:3 (1997), 728-757; Federal Law On Defence of the Rights and Legal Interests of Investors of the Securities Market, 4:1 (1999),  209-229; On Foreign Investments in the  Russian Federation, 4:1(1999); Federal Law On State Regulation of Foreign Trade Activity, 1:2 (1996), 427-455;  Federal Law On Joint Stock Societies, 1:1(1996), 199-284; Law on the Organization of Insurance Affairs, 3:1 (1998), 173-187; Federal Law On International Treaties of the Russian Federation. 1:2 (1996), 456-486; Federal Constitutional Law  On the Judicial System of the Russian Federation, 2:1(1997), 217-237; On Mortgage (Pledge of Immovables), 3:3 (1998); Fundamental Principles of Legislation of the Russian Federation onthe Notariat (1993), 2:4(1997), 1005-1049; On the Peculiarities of the Legal Status of the Legal Status of Joint-Stock Societies of Worker People’s Enterprises, 3:2 (1998), 379-402; Law  on Pledge, 1:3 (1996), 819-842.

 

·        Statutes and Decisions : The Laws of the USSR and Its Successor States. This important journal is listed under “Compilations of Translated Legislation”

 

·        Bulletin on Current Research in East European Law (See under “Research and Bibliographic Guides”

 

5.      Major Texts

 

·        Butler, William E . Russian Law . 3 rd ed. New York, N.Y.: Oxford University Press, 2009. Comprehensive textbook includes the text of the Constitution (last updated 2008), a table of legislative acts, a table of international treaties, and a table of judicial and arbitration materials. There is also a chapter devoted to resource material on Russian law. In the preface, Prof. Butler recommends advises keeping the earlier editions (1999 and 2002) because not everything was incorporated into the later edition.

 

·        Burnham, William, Peter B. Maggs, and Gennadii M. Danilenko. Law and Legal System of the Russian Federation . 5 th ed., Huntingto, N.Y.: Juris Pub. 2012. Textbook covering all aspects of law; incorporated the case-law method, and includes translations of cases explaining points of law as well as study questions. Appendix includes text of Constitution.

 

·        Russian Civil and Commercial Law V.P. Mozolin  and  A.I. Masliaev, editors; edited and translated by William E. Butler. London: Wildy, Simmons and Hill, 2009- . This is projected as a 5-volume work of translations of some of the most important Russian treatises dealing with civil and commercial law.  Volume One  is  listed in the “Property” section of this article. : Volume One: General Provisions, Ownership. Volume Two: Law of Obligations: General Provisions and Individual Types. (Pub. 2011).

 

6.     Compilations of Translated Legislation (Comprehensive)

The works  listed here are recommended as the first place to search for specific laws or other primary material.

 

Print Source for Updated  Legislation:

 

·        Russia and the Republics:  Legal Materials . 2d series. William E. Butler, editor and translator. Huntington, N.Y.:, Juris Pub., 2006- .  (loose-leaf).  The Russian material of this 5-binder set  consist of 3-volumes (the others cover Kazakhstan and Ukraine).  This work contains a multitude of laws covering all aspects of the legal system .  The material is grouped under the following main headings, which in turn have sub-headings:  1. Constitutional Law  2. Civil Law 3. Family Law 4. Insurance Law  5. Environmental and Natural Resources Law  6.Land Law  7. Administrative Law  8. Labor Law  9. Public  Health and Safety 10. Criminal Law 11.  Court Organization  12. Law of Procedure 13. Legal Profession 14. Foreign Relations Law. Some topics have many sub-categories, for example, Civil Law has fourteen.  The  Table of contents makes it easy to access the materials in the individual volumes.  Very selectively,  references to this work will occur, but in no way to substitute for looking at the table of contents.   This publication succeeeds the 8-volume Russia and the Republics: Basic Legal Texts , John N. Hazard and Vratislav Pechota,  eds.  listed in next section below.  

 

Other Print Compilations:

 

·        Russian Public Law: The Foundations of a Rule-of-Law State: Legislation and Documents. 3rd rev. ed. Edited, with translations, by William E. Butler. Wildy, Simmonds & Hill, 2013. This work contains a comprehensive selection of material, updated to be as  current to the time of publication as possible. For example, “The Federal Law on Political Parties  of 11 July 2011 as amended 2 April 2013.”  It is intended to complement the editor’s  textbook, Russian Law,  listed below under Textbooks. The material is grouped under the following headings: 1. Foundations  of the Federation. 2. Publication of Laws. 3. Rights of Man and Citizens. 4. Presidency of the Russian Federation. 5. Government of the Russian Federation. 6. Federal Assembly of the Russian Federation. 7. The Judicial System and Arbitration. 8. Subjects of the Russian Federation. 9. The Legal Profession. 10. Administrative Tribunals.  Of course, there is overlap with the material in  Russia and the Republics.

 

·        Russia and the Republics: Basic Legal Texts . John N. Hazard, Vratislav Pechota, eds. Ardsley-on-Hudson: Transnational Juris, 1991-2006. (Looseleaf).  8 vols. Russian Federation takes up 3 vols.  This set was the predecessor of Russia and the Republics: Legal Materials  listed above and could be useful for research purposes.  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. This set has been superseded by the 2d series, listed above.

 

·        Russian Legal Texts: The Foundations of a Rule-of-Law State and a Market Economy . Compiled and edited by William E. Butler and Jane Henderson; translated by William E. Butler. London: Simmonds & Hill; Boston; The Hague: Kluwer International, 1998.  Contains legislation under these headings: Foundations of  Federation; Rights of  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); and more.

 

·        Statutes and Decisions: the Laws of the USSR and its Successor States . Armonk, N.Y: M.E. Sharpe,

Inc., 1992-. Continues Soviet Statutes and Decisions.  This publication selects  specific topics which are covered in one volume or issue, or run sequentially over several issues or volumes. Along with the relevant translations of primary material,  it provides secondary material such as articles from the press and speeches by various public figures to convey the sense of the social and political background of the laws as they are being drafted and implemented. The scholarly commentary by the editors  give detailed background informatin, explain the reasoning of the important decisions which are listed in some of the issoff the legal issues surrounding the  legal material social and sometimes secondary material for each topic. It also includes  scholarly introductory comments by editors covering the background for each topic, explaining the  significance of the reeasong in court decisions, the complexities of  the legal drafting process, the differences between older and newer versions of laws, etc.  It also gives useful, interesting  explanations for the choice of terminology in translating important words and phrases within each area of law covered. In this paper, the following topics  covered by this journal will be cited  under the relevant heading: Federalism,  Arbitrazh Code,  Constitutional Court, The Civil Code, The Criminal Code, Terrorism,  Legal Profession, Non-Governmental Organizations, and Police.  This material will be cited in the relevant sections of this article.  Available on Hein Online.

 

Electronic Compilations:

 

·        Legislationline. (From Office for Security and Cooperation in Europe - Office for Democratic Institutions and Human Rights).  This is an important site for primary  materials in areas of civil and political rights, such as citizenship, freedom of assembly, political parties, elections, etc.  for many countries. It also gives relevant international norms  and cases brought to the European Court of Human Rights. It also has the  Constitutions, and Criminal and Criminal Procedure codes for each country.  It will be referred to in this article under relevant topics inthis article.

 

  • Garant. Fee-based.  Available through Eastview Pub .This Russia-based  company provides a major database of  Russian legislation in translation, as well as some court cases.  The material is updated frequently.  There is an extensive system of internal links, making possible comparisons between old and new versions of legislation and many access points for searching material.  A useful Guide on how to search is provided.

 

·        Kodeks .  Fee-based.  Available through Eastview Pub.This is another major Russian legal database which makes English translations of Russian legal material available and is updated frequently.

 

·        Lexadin World Law Guide: Legislation. Russia . This Netherlands site gathers material found on the world-wide web. No material added since 2008.  

 

·        CIS-legislation.com .  This fee-based site is useful for its  freely available listing of legislation by date, with English titles. Warning:  The homepage states that should not be relied on for final understanding of the material, since the translation is by computer software.  

 

7.      Constitution

 

Text of Constitution:

 

·        Constitution of the Russian Federation (as amended to 30 Dec. 2008). in  Russia and the Republics ,  v.1. (listed above under “Compilations of Translated Legislation, Print”)

 

·        The Constitution of Russia: the Basic Law ( Office of the President of the Russian Federation)

 

·        The Constitution of the Russian Federation . (Legislationline)  Last updated Dec. 30, 2008.  

 

·        Constitution of the Russian Federation From non-governmental organization site, Democracy.ru. (Not updated).

 

·        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.

 

·        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). Also available online with subscription.

 

·        World Constitutions Illustrated (Hein on-line) Subscription required.

 

Books/Commentaries on Constitutiona:

 

·        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.

 

·        Henderson, Jane. The Constitution of the Russian Federation: a Contextual Analysis. Oxford, U.K.; Portland, OR.  Hart Pub., 2011.

 

·        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.

 

8.     Formation and Organization of the Russian Federation  

 

Primary Material:

 

·        “Constitutional Law.” In Russia and the Republics Legal Materials v. 1.  ( Listed above under heading  “ Compilations of Translated Legislation.”   This section of the set   includes, under various sub -headings, treaties, legislation regarding the presidency,  the government, the legislature, and the nature of federalism.  Some of these are: Treaty of the Federation; Statute on the Administration of the President of the Russian Federation; Federal Constitutional Law on the Procedure of Acceptance into the Russian Federation and Formation of its Composition of A New Subject of the Russian Federation; Federal Constitutional Law on the Government of the Russian Federation.

 

·        “The Development of  Russian Federalism”. Edited by Sarah J. Reynolds.    Statutes and Decisions:  The Laws of the USSR and Its Successor States  33:6 (1997)-34:(1-6) (1998)  These 7 issues give detailed, comprehensive coverage of all aspects of the development of  the federation, including the treaties between the central government and all the subject entities, the allocation of  power between the center and the subjects, etc . The editor’s commentary provides the background for actions by the various parties involved in the negotiationg process and explains provisions of treaties. For decisions of the Constitutional Court regarding federalism, see under Constitutional Court in this paper.

·        Russian Legal Texts: The Foundations of Rule-of-Law and a Market Economy (listed above under Compilations of Legislation). This book contains the foundational documents, including treaties of the federation, the declaration of independence, and the Constitution.

 

Books and Commentaries on Formation and  Organization of the Russian Federation

 

·        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.

 

·        Troxel, Tiffany. Parliamentary Power in Russia, 1994-2001. New York: Palgrave-Macmillan, 2014. Analyzes constitutional powers of parliament and the president.

 

9.     Codes

 

Compilations of Codes:

·        Russia and the Republics Legal Materials.   At the time of this writing, this set contains the following codes, updated regularly. Code of Arbitrazh Procedure; Code of Judicial Ethics; Criminal Code; Labor Code; Code of the Russian Federation for Administrative Violations (General Part); Land Code;  Family Code; Civil Code (Parts I-IV); Criminal Code. They are located within the set in the relevant areas of law.

 

 

 

Individual Codes :

 

Administrative Violations Code:

·        Code of the Russian Federation on  Administrative Violations.  Edited, with an  introductory note by Sarah J. Reynolds.   Statutes and Decisions  42:(3-6) (2007) These 4 issues cover the first five parts of the code of 2001, as amended 2007.  In the introductory note the editor explains just what this code is intended to do, and points out that prior versions had applied to individuals only, while this version also applied to legal entitites.

 

·        Code of Administrative Offences of the Russian Federation (From Lexadin)

 

·        Code of Administrative Offences (Excertps) Chapter 5 (Administrative Offences Encroaching upon Public Order and Security (Legislationline)

 

Arbitrazh Procedure Code:

·        Russian Civil and Arbitrazh Procedure. Edited and translated by  William E. Butler.  London: Wildy, Simmonds & Hill, 2012. Translations of  the Code of Civil Procedure and the Code of Arbitrazh Procedure.

 

·        “Arbitrazh Procedure Courts.”  Sarah J. Reynolds, ed.    Statutes and Decisions:The Laws of the USSR and Its Successor States 30:1 (1994) Among other laws , this issue includes the 1992 version of the code. The editor’s introduction points out that this code  marks the transformation of the old, quasi-judicial system of  “state arbitrazh” into formal courts.  Also included in this issue is: Decree of the Supreme Soviet “On Bringing the Arbitrazh Code into Effect.”

 

·        Arbitrazh Procedure Courts”. Sarah J. Reynolds, ed.    Statutes and Decisions:The Laws of the USSR and Its Successor States 32:4 (1996) pp.32-98. Contains  constitutional law “On Arbitrazh Courts” of 1995 and the Arbitrazh Procedure Code of 1995. The editor points out the significant changes in this new code from the prior ones.

 

·        “Arbitrazh Procedure Code (2002).”   Sarah J. Reynolds, ed.    Statutes and Decisions:The Laws of the USSR and Its Successor States  38:3-38:6 (2002). Issues 3-5  give the text of the  2002 Code. The editor’s introduction explains its differences from prior versions. She also gives explanations of translation terminology, and points out that the term “arbitrazh” should not be confused with arbitration.  Issue 6 contains two speeches by the Chair of the Higher Arbitrazh Court on the workload of the court, and d a statistical report on the court for 2003. It also includes these  laws:  Federal Law of the Russian Federation “On Arbitrazh Assessors in the in the Arbitrazh Courts of the Russian Federation” (2001, as amended 2003) and “Federal Constitutional Law of the Russian Federation On the Arbitrazh Courts in the Russian Federation” (1995, as amended 2003).   

 

·        The Commercial Procedure Code of the Russian Federation   (Supreme Commercial Court of the Russian Federation)  Here the term “commercial” is used for  “arbitrazh”.

 

Aviation Code:

·        The Aviation Code of the Russian Federation. Ed. by Heiko van Schyndel. Utrecht: Eleven International Pub., 2010. Includes both English and Russian versions of the code .

 

Civil Code:

·        Russian Civil and Arbitrazh Procedure. Edited and translated by William E. Butler. London, Wildy, Simmonds & Hill, 2012. Translations of both codes.

 

·        Civil Code of the Russian Federation. Translated by William E. Butler. London: Wildy, Simmonds & Hill, 2010.

 

·        Civil Code. Part IV. (From Federal Service for Intellectual Property, Patents and Trademarks)

 

·        Civil Code. Parts I-III.   (From Lexadin)

 

·        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. 2003. 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.

 

·        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 III. Edited and  translated by Peter Maggs.  Statutes and Decisions 38:2 (2002). Part III deals with inheritance law and private international law. In his introductory commentary  the editor  points out that the new code provides  for more elaborate procedures for managing inheritance property, and explains the relationship of its  provisions on International private law to the Rome Convention.

·        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: Parts 1 and 2 . Edited and Translated by Peter B. Maggs with A.N. Zhiltsov. Armonk, N.Y: M.E. Sharpe, 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.

 

·        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.

 

·        Civil Code of the Russian Federation . Parts I and II. Peter B. Maggs, guest editor ; Translated by Peter Maggs and A.N. Zhiltsov. Statutes and Decisions:The Laws of the USSR and Its Successor States  32:5-32:6 (1996); 33:1-33:3)(1997). These 5 issues provide translations of Parts One and Two.  

 

·        Civil Code of the Russian Federation: Part Three (26 November 2001). Translated by William E. Butler. 6  Sudebnik 753-819  (2001).

 

Books on Civil Code:

·        Bruggemeier, Gert. Modernizing Civil Liability in Europe, China, Brazil and Russia: Texts and Commentary. Cambridge; NY.: Cambridge University Press, 2011.  Includes commentary on recent legislation on civil liabilty in China, Brazil and Russia.

 

Criminal Code:

·        Russian Criminal Law and Procedure. Translated  and with an Introduction by William E. Butler. London: Wildy, Simmonds & Hill, 2011. Translations of the Criminal Code and the Code of Criminal Procedure.

 

·        Criminal Code (Legislationline) As of this writing, last updated 2012.

 

·        Criminal Code (as amended 9 Dec. 2010). In Russia and the Republics, v.2.

 

·        Criminal Code of the Russian Federation (Law No. 63-FZ of June 1996) Updated Dec. 28, 2004. United Nations Office on Drugs and Crime (UNODOC)

 

·        Criminal Code of the Russian Federation . Translated with an introduction by William E. Butler. 4 th ed. London: Wildy, Simmonds & Hill, 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.” Edited by Sarah J. Reynolds.  Statutes and Decisions:The Laws of the USSR and Its Successor States 39:4-39:6 (2003).  These three issues contain the Criminal Code as amended through the end of 2003. Many of the amendments were passed in late 2002 and were called the “Putin amendments.”

 

·        Criminal Code of the Russian Federation.   Statutes and Decisions:The Laws of the USSR and Its Successor States   33:(4-5 ) ( 1997).  Translation of 1996 code in 2 successive issues of the journal.  Thorough introductory commentary by editor explaining provisions of new code and its difference with prior versions.

 

Criminal Corrections Code:

·        “Criminal Corrections Code of the Russian Federation.” Edited by Sarah J. Reynolds.   Statutes and Decisions: the Laws of the USSR and its Successor States . 39:(1-2) (2003). Double issue presents the Code and other basic legal documents relating to rights and duties of convicts, of personnel within the corrections system, the conditions for detention, etc.  The subsequent issue, no.3, contains Rules of Internal Order for Corrective-Educational Colonies of the Correctional System of the Ministry of Justice of the Russia the Russia Federation, as well as the Law On Institutions and Bodies Executing Criminal Punishment in the Form of Deprivation of Freedom.  Also press articles on the severe problems within the prisons as well as the attempts to reform.

 

Criminal Procedure Code:

·        Criminal Procedure Code of the Russian Federation (Legislationline) As of this writing, last amended March 2012.  

 

·        Criminal Procedural Code of the Russian Federation   United Nations Office on Drugs and Crime (UNODOC) Updated 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 40:1-40:4(2004).  These 4 issues contain the Code as amended hrough June 29, 2004.

 

·        Criminal Procedural Code of the Russian Federation, No. 174 FZ of December 18, 2001. With commentary by Leonard Orland. 18   Connecticut Journal of International Law  15 7-387  (2002)

 

Customs Code:

·        Customs Code (World Bank)

 

Family Code

·        Family Code (as amended Nov. 2011) in Russia and the Republics , v.2.

·        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.

 

Forest Code

·        Forest Code of 2006 (Ecolex)

·        Forest Code of 1997   (Ecolex)

 

Labor Code

·        Labor Code (as amended 28 Feb. 2008) in Russia and the Republics , v. 2.

 

·        Labor Code of the Russian Federation (2001) From Natlex database of the International Labour Organization. This version is also found on the Lexadin site above. The Natlex site also provides listings and information on of amending and amended acts, but with some exceptions, the texts of the laws themselves are in Russian.

 

·        The Labour Code of the Russian Federation (2001). Translated by W.E.    Butler .  7 Sudebnik   35-23,  (2001) and  7 Sudebnik and 239-291 (2001). Translation of code in two successive inssues of Sudebnik.

 

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

 

Land Code:

·        Land Code (as amended Nov. 2007) Russia and the Republics, v.2.

 

·        Land Code of the Russian Federation.  Translated by William E. Butler. 6   Sudebnik 429-530 (2001).

 

Merchant Shipping Code:

·        Merchant Shipping Code of the Russian Federation

 

Tax Code

·        Ministry of Taxation of the Russian Federation

 

·        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.

 

10. Courts/Judicial System

 

Legislation on Judicial System and Courts:

 

·        “Court Organization.” in Russia and the Republics, v.1. Among the laws included in this section are the following, regularly amended.

o    Law on the Status of Judges (26 June 1992-amended 2 Oct. 2012)

o    Federal Constitutional Law on the Judicial System (31 Dec. 1996-amended 25 Dec. 2012)

o    Federal Constitutional Law on the Constitutional Court (21 July 1994-amended 25 Dec. 2012)

o    Federal Constitutional Law on Arbitrazh Courts

o    Federal Constitutional Law on Military Courts (23 June 1999-amended 25 Dec. 2012)

o    Federal Law on Justices of the Peace

 

·        Legislationline Under  topic “Independence of the Judiciary”  contains, among other laws, Federal Law on the Status of Judges, amended 2005, and Federal Constitutional Law on the Judicial System, amended 2011.

 

·        Laws on the Judicary (The Russiasite) Not updated. This site contains John Fowler's translation of the following Federal Constitutional Laws:

o    Law on the Court System of the Russian Federation (Dec. 31, 1996)

o    Law on the Constitutional Court of the Russian Federation (July 21, 1994)

o    Law on Arbitration Courts in the Russian Federation (April 28, 1995)

o    Law on Military Courts (June 23, 1999)

 

Constitutional Court:

 

Decisions:

·        Selective  Constitutional Court Decisions. Unofficial translations by the Constitutional Court of ten decisions from the 1990’s.

 

·        Listing of Constitutional Court decisions from 1992-2001. (No decisions in 1994). From RussiaSite. Listing provides translation of case names  by John Fowler.

 

·        “Legal Reformation: New Constitutions and New Principles: The Jurisprudence of the First Russian Constitutional Court.”  Edited by Sarah J. Reynolds.    Statutes and Decisions:The Laws of the USSR and Its Successor States 30:3-30:6 (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  31:4-31:5 (1995).  Edited by Sarah J. Reynolds.  These 2 issues include a translation of the 1994 Law on the Constitutional Court of the Russian Federation, with the editor’s explanation of how it differs from the prior law. It also includes the first eleven decisions issued in 1995, including the decision and dissents on the constitutionality of the war in Chechnya.  The editor’s note gives incisive, interesting explanations of the decisions.

 

·        “The Development of Russian Federalism: Federalism in the Courts.”  Edited by Sarah J. Reynolds. Statutes and Decisions:The Laws of the USSR and Its Successor States 35:3-35:4 (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 35:6 (1999) and   36:1-36:6 (2000) and  37:1-37:6 (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. The explanations in the editor’s note of the decisions is useful and interesting.  Issues no. 6 for vols. 36 and 37 include a “Guide” listing decisions by subject matter.

 

·        Judgement of the Constitutional Court of the Russian Federation of 31 July 1995: On the Constitution. European Commission on for Democracy through Law. Strasbourg (France): Council of Europe Press, 1996.  

 

 For more Constitutional Court decisions  see under  “Legal Profession” in this paper. Gives information regardings decisions on matters dealing with the legal profession.

 

Books and Articles on Constitutional Court:

 

·        Thorson, Carla. Politics, Judicial Review and the Russian Constitutional Court. Houndmills Basingstroke, Hampshire : N.Y.: Palgrave Macmillian, 2012.

 

·        Belov, Sergey.  “Russia: foreign transplants in the Russian Constitution and invisible foreign precedents in decisions of the Constitutional court.” in The Use of Foreign Precedents by Constitutional Judges. Edited by Tania Groppi and Marie-Claire Ponthoreau. Oxford, United Kingdom; Portland, OR. : Hart Pub., 2013.

 

·        Trochev, Alexei. Judging Russia: Constitutional Court in Russian Politics, 1990-2006. Cambridge: New York: Cambridge University Press, 2008.

 

·        Marina Lomovtseva and Jane Henderson. “Constitutional Justice in Russia.”  34 Review of Central and East European Law 37-69 (2009. Article on the development of constitutional review by the Constitutional Court of the RF as well as the constitutional courts of the subjects of the RF.  

 

Supreme Court of the Russian Federation:

·        Supreme Court.  Background and authority of the Court. Also provides very useful account of the judicial system. It also links to the following: Law on the Status of Judges of  1992  (updated through June 21, 1995) and the Law on the Judicial System of the Russian Federation of 1996.  (updated through April 7, 2003). Later versions of these laws are in sources listed above under Legislation on the Judicial System.  The section “Documents ” includes this fairly recent ruling of the Plenum of the Supreme Court of June 2013: “On Application of the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 and Procedures therto by the Courts of General Jurisdiction.”  It also provides the law “On Provision of Access to Information related to Activities of Courts in the Russian Federation”  (2008). This law, provided from the Freedom of Information Foundation, is also found  under the Civil/Political Rights section of this paper .

 

·        Decree of the Presidium of the Supreme Court of the Russian Federation (2005) “Extradition of Person is not Permitted if in Accordance with the Legislation of the Russian Federation a Criminal Case May  not be Institututed.” 11 Sudebnik (issues 3-4) (2006)

 

Arbitrazh Courts:

 

For information on the Arbitrazh Courts, see under  Arbitrazh Procedure Code  under the Codes heading in this paper. The material there gives thorough information on these courts, since it is the code that provides for their structure and authority.  

 

·        Home Page of the Supreme Commercial Court. (Note that here the Arbitrazh Court is called the Commercial Court). Gives  information on the structure and work of the Court and its Presidium. Also provides  link to Commercial Code of the Russian Federation (Federal Law No. 95, July 24, 2002) (see also Codes section of this paper for Arbitrazh Code).

 

·        Butler, William E.  “State Interests and Arbitration: The Russian Model.” 113   Pennsylvania State Law Review 1189-1202 (2009 Article includes clear explanation of difference between international commercial arbitration institutions and the “arbitrazh” courts which are are an integral part of the Russian judicial system.

 

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

 

Decisions of Arbitrazh Courts:

·        The “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”. 42 Sudebnik  337—356 (1999)

 

·        Decision of the Arbitrazh Court of Moscow Re: Rosneft v. Yukos (March 22 2006)  11 Sudebnik  773-779 (2006). Translated by W.E. Butler.

 

·        Decree of the Ninth Arbitrazh Appellant Court Re: Rosneft v. Yukos (22 May 2006) 11  Sudebnik  780-791 (2006). Translated by W.E. Butler.

 

Books and Articles on Russian Courts:

·        The Russian Court System (From Russian-European Chamber of Commerce).

 

·        Popova, Maria. Politicized Justice in Emerging Democracies: A Study of Courts in Russia and Ukraine. N.Y. : Cambridge University Press, 2012. Deals with issue of judicial  independence under political pressure.

 

·        Kovalev, Nikolai. Criminal Justice Reform in Russia, Ukraine, and the Former Republics of the Soviet Union: Trial by Jury and Mixed Courts. With an Introduction by Stephen C. Thaman. Lewiston, N.Y.: Edwin Mellen Press, 2010.

 

·        Vereshchagin, Aleksandr.  Judicial Law-Making in Post-Soviet Russia . Abingdon, Oxon, U.K.; New York: Routledge-Cavendish, 2007.  Discusses development of judicial law-making in Russian civil law. The introduction is useful in giving description of judicial system. Treats cases and legal developments up to October 2006. 

 

·        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.

 

·        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 in early post-Soviet period.

 

·        Reshetnikova, Irina V. “The Role of Courts in Adversarial Litigation in Russia.”  34 Review of Central and East European Law 1-13 (2009) Explanation of main features of procedural legislation in civil and arbitrazh courts.

 

Directory of Courts:

  • Russia: Courts/Cases (Lexadin World Law Guide) Comprehensive list of courts in Russia, arranged by level of court and geographic location. The names of the courts are listed in English, but most of the web links to the courts are in Russian.

 

11.   Legal Profession

 

Primary Material:

·        “Legal Profession.”   Russia and the Republics, v.3. This section includes legislation on various sectors of the legal profession and it is updated regularly. Some of the laws included are: Law on Private Detective and Protection Activity; Federal Law on Advocate Activity and the Advokatura (last updated 21 Nov. 2011; Statute on the Federal Security Service; Federal Law on the Procuracy (last updated 30 Dec. 2012)

 

·        “Supervision of Legality: The Evolving Role of the Procuracy.”    Statutes and Decisions:The Laws of the USSR and Its Successor States 41: 1-41:2  (2005). The first issue includes “The Law on the Procuracy,” (1992) and Constitutional Court rulings from 2000-2002; the second issue contains more Constitutional Court rulings and press articles regarding the procuracy.

 

·        Professional Ethics for the Attorney.” Edited by Katerina P. Lewinbuk and Stephen D. Shenfield . Statutes and Decisions:The Laws of the USSR and Its Successor States  43:3-43:5 (2008). These three issues deal with efforts to regulate the professional activity of defense attorneys. The first issue includes “Federal Law of the Russian Federation, No. 63-FZ, On Work as an Attorney and the Legal Profession in the Russian Federation” (2002, as last amended 2007). This issue also includes the Code of Professional Ethics for the Attorney, Adopted by the First All-Russia Congress of Attorneys in 2003, as last amended 2007. Issues 4 and 5 give reports and surveys of disciplinary practice.

 

·        “Attorneys’ Work According to Russia’s High Courts.” Editor’s introduction by Alexei Trochev.    Statutes and Decisions:The Laws of the USSR and Its Successor States 43:6 (2008). This issue gives excerpts from court decisions, including the Constitutional Court, on cases involving attorneys’ attempts to protect themselves from malpractice claims and blatant pressure brought on them by authorities interfering with their work.  The editor points out that these decisions improved the everyday practice life of the attorney.

 

Books and Articles on Advokatura:

·        Butler, William E. The Russian Legal Practitioner. The Hague, the Netherlands; Eleven International Pub., Portland, OR. 2011. Includes commentary on the Federal Law “On Advocate Activity and the  Advokatura in the Russian Federation.”

 

·        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.

 

·        Huskey, Eugene . “The Founding of Chambers of Advocates in Putin’s Russia.”  in Public Policy and Law in Russia: In Search of a Unified Legal and Public Space: Essays in Honor of Donald D. Barry . Edited by Robert Sharlet and Ferdinand Feldbrugge. Leiden; Boston: Martinus Nijhoff Publishers, 2005. ( Law in Eastern Europe; no. 55). 

 

Directories for Lawyers:

·        List of Attorneys From U.S. Embassy in Moscow

 

·        Martindale-Hubbell International Law  Directory.  Summit, N.J., Martindale-Hubbell, 1991-- . Annual. Look under “Russia” for listing of law firms. Includes biographical information on attorneys. Also available on-line

 

12.   Civil and Political Rights

Comprehensive Compilation of Laws on Civil/Political Rights

 

  • Legislationline:  This site from the Office for Democracy and Democratic Institutions of the Organization for  the Security and Co-operation in Europe  (OSCE/ODIHR) is recommended as the first place to search for civil/political rights legal material. It gives laws for many countries, including the Russian Federation. It groups these under these headings: 1.Administrative Justice. 2. Anti-Discrimination. 3. Citizenship. 4. Elections. 5.Counter-Terrorism 6.Gender.7.Migration. 8.Trafficking in Human Beings. 9.Freedom of Assembly. 10.Freedom of Association. 11. Political Parties. 12 . Access to Information and Data Protection. 13. Death Penalty. 14. Fair Trial (Right to a) 15. Independence of the Judiciary. 16. Hate Crimes. 17. Freedom of Religion. It also gives links to relevant International Norms and to European Court Cases.  For example, for topic “Freedom of Association”, this site provides the following laws:
    • Federal Law on Non-Profit Organizations (1996, amended 2009)
    • Law on Guarantees of Equality of Parliamentary Parties for the Purpose of Coverage of their Activities by the State TV and Radio Channels Open to Public Law (2009)
    •  Federal Law on Trade Unions and their Rights and Activities (1996, amended 2005)
    • Federal Law on State Registration of Legal Entities and Individual Entrepreneurs (2001, amended 2005) Later version listed below.
    • Federal Law on Employers’ Associations (2002)
    • Federal Law on Charitable Activities and Organizations (1995, amended 2004)
    • Federal Law on Freedom of Conscience and Religious Associations (1997, amended 2004)

 

·        Freedom of Information Foundation Non-governmental organization which focuses on access to government information. Links to the following Laws: Federal Law  “On Providing Access to Information on the Activities of Government Bodies of Local Self-Government” (2009)  and “ Federal Law on Providing Access to Information on the Activities of Courts in the Russian Federation” (2008).

 

Articles on Civil Rights:

  • Henderson, Jane E. “Defending the Rights and Freedoms of Citizens in the Russian Federation.” 3 Sudebnik   293-302 (1998).  Includes “Law On Appealing to a Court Actions and Decisions Violating the Rights and Freedoms of Citizens.”

 

  • Reid, Elspeth. “Defamation and Political Comment in Post-Soviet Russia.” 38 Review of Central and East European Law 1-36 (2013)

 

 

13.   Election System

 

·        Central Election Commission of the Russian Federation : Site provides useful basic information, including make-up and functions of the Commission, explanation of election procedures, and section Election and Referendum Legislation which includes the laws listed below.

    • Federal Law on the Election of the President of the Russian Federation (2003)
    • Federal Law on Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum (June 2002)
    • Federal Law on the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation (2005)
    • Federal Law on the State Automated System of the Russian Federation “Vybory” (2003).
    • Federal Law on Political Parties (2001)

 

  • Federal Law on Political Parties  (11 July 2001-amended 2 April 2013) In Russia and the Republics , v.1

 

·        “Legal Reformation: New Institutions and New Principles. Elections.”  Edited by Sarah J. Reynolds.  S tatutes and Decisions:The Laws of the USSR and Its Successor States 32 :1-3 (1996). These three issues provide all  the basic laws governing the elections to the Parliament, or Federal Assembly, and of the President of the Russian Federation.

 

  • Democracy.ru   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 Library of the site site includes election laws, model laws, resolutions of the Central Election Commission of the RF.  These laws are not updated.

o    Law on Political Parties of July 11, 2001.

o    Law on Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum Enacted September 1997, as amended. Replaced a 1995 law.

o    Law on the Election of the President of the Russian Federation (1999)

o    Law on the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation  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

 

14.   Non-Governmental Organizations

 

  • “Spies, Politics and Charities: Legal Regulation of Nongovernmental Organizations in the Russian Federation.”   Edited by Sarah J. Reynolds.ed    Statutes and Decisions:The Laws of the USSR and Its Successor States 42: 1-42:2  (2007) Th e  first issue includes press and journal articles on potential threat to NGO’s with foreign connections, and the law “On Noncommercial Organizations,” (1996 as amended through Feb. 2, 2006). The second issue includes the following laws: “On Social Organizations,” (1995); “On Charitable Activity and Charitable Organizations” (1995 as amended through Aug. 22, 2004); “On Associations of Employers,” (2002); “On Political Parties,” (2001 as amended through July 12, 2006).

 

  • NGO Law Monitor: Russia   (The International Center for Not-for-Profit Law) Updates on legal developments regarding non-governmental organizations in Russia.

 

  • Russia and the Newly Independent States. (International Journal of Not-for-Profit Law) v.8, issue 3, May 2006. Includes articles on the 2006 “NGO” Law by Natalia Bournaily and on Civil Society and Philanthropy under Putin by Alexander Livshin and Peter Weitz.

 

15.   Migration

  • Federal Law on Refugees  (as amended 30 Dec. 2012)  and Law on Forced Resettlers (as amended 1 July 2011). In Russia and the Republics , v.1.

·        Migration: Russian Federation (Legislationline) Provides relevant constitutional provisions, and several laws, including  Law on Refugees, Federal Law on the Procedure for Exiting and Entering the Russian Federation, Federal Law  on the State Border (1993, as amended 2005).

 

·        Refworld: Russian Federation (UNHCR) Comprehensive site gives information on cases from courts in other countries as well as the European Court of Human Rights involving Russian matters, legislation, policy matters on refugees. Has category “Laws” which leads to National Legislation.  Among the laws provided for Russia are Law on Forced Migrants (1995) ;   Federal Law on Citizenship (update 2009) ; Federal Law on the Procedure for Exit from the Russian Federation and Entering  into the Russian Federation (1996) , and others.

 

·        European Country of Origin Network: Russia   Provides background information and legislation relevant to asylum issues.  Has links to relevant laws, most of them from the site, Legislationline .

 

16. Human Rights

·        Country Reports on Human Rights Practice  (U.S. State Department) . Select year, then country.

 

·        UN Office of the  High Commissioner for  Human Rights : Russian Federation . Information on status of ratification of human rights treaties, relationship between Russian Federation and UN human rights bodies, etc.

 

·        Amnesty International. Russian Federation .

 

·        Federal Constitutional Law on the Plenipotentiary for Human Rights in the Russian Federation ederation. Amended. In Russia and the Republics, v. 1.

 

·        Federal Constitutional Law on the Commissioner of Human Rights in the Russian Federation (Ombudsman Information Network)

 

·         Saari, Sinikukka. Promoting Democracy and Human Rights in Russia. London; New York: Routledge, 2010.

 

·        Burkov, Anton. The Impact of the European Convention on Human Rights on Russian Law: Legislation and Application 1996-2006. Stuttgart: Ibidem-Verlag, 2007. Appendices contain translations, some in extract form, of Russian legislation.

 

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

 

·        Gilligan, Emma. Terror in Chechnya: Russia and the Tragedy of Civilians in War . Princeton, N.J.: Princeton Univ. Press, 2010.

 

·        The United Nations Commissioner for Human Rights: Conscience of the World. Edited by Felice D. Gaer and Christen L. Broecker. Includes article “The High Commissioner for Human Rights in the Russian Federation” by Catherine Fitzpatrick.  Leiden: Martinus Nijhoff, 2014.

 

·        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.

·        Rudinsky, F.M. Civil Human Rights in Russia: Modern Problems of Theory and Practice. New Brunswick, N.J: Transaction Publ., 2008 . Collection of articles by scholars and legal experts in a book originally published in Russian in Volgograd in 2004.

 

 

17.   Media

·        Post-Soviet Media Law and Policy Newsletter New York, N.Y: 1993-1999. 10 issues per year. Ceased publication. 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 University and the Moscow Media Law  and Policy Center.  

 

·        Price, Monroe,  Andrei  Richter and Peter K. Yu.  Russian Media Law and Policy in the Yeltsin Decade: Essays and Documents . Edited by 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 directly above. 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)

 

·        Azhgikhina, Nadezhda.  “The Struggle for Press Freedom in Russia: Reflections of a Russian Journalist.”  59 Europe-Asia Studies  1245-1262 (2007).

 

·        Article 19: Global Campaign for Free Expression Select  “Russia” from Country drop box. Articles

         and reports on various aspects of free expression, including those affecting press and other media.

 

18. Intellectual Property

·        Federal Service for Intellectual Property, Patents and Trademarks (Rospatent) Official site. Provides news on developments and programs, including information on international cooperation projects. Includes unofficial translation of the Civil Code, Part IV.

 

·        Intellectual Property.” In Russia and the Republics , v. 2.  Some of the items included in this section are the following:

o    Law on Author’s and Neighboring Rights (as amended to 20 July 2004).

o    Law on Trademarks, Service Marks, and Names of Places of Origin of Goods (as amended to 24 Dec. 2002).

o    Patent Law of the Russian Federation (as amended to 6 Feb. 2006).

o    Law on the the Legal Protection of Programs for Electronic Computers and Data Bases (as amended to 2 Feb. 2006).

o    Law on the Legal Protection of Topologies of Integral Microcircuits (as amended to 2 Feb. 2006).  

o    Statute on Patent Attorneys (12 Feb. 1993).

 

·        Intellectual Property: Eastern Europe and Commonwealth of Independent States . Compiled and edited by David Garrison. Dobbs Ferry, N.Y: Oceana, 1995-. (Looseleaf)  As of this writing, includes these Russian Federation laws: Patent Law (as amended 2003); Law on Copyright and Related Rights (as amended 2004); Law on the Legal Protection of the Topologies of Integrated Circuits (updated 2002); This work also gives background information and forms needed in intellectual property practice.

 

  • Intellectual Property Law in the Russian Federation: basic legislation. 4 th revised ed.  Introduction and translation by W.E. Butler. London: Simmonds & Hill, 2005.  Translations of most important legislation in this field.

 

 

·        WIPOLex: National Legislation: Russian Federation (World Property Organization)  Gives list of  most important current legislation on intellectual property. However, the texts are available in Russian only.

 

·        Protection of Trade Secrets. Russia (Library of Congress) Article by Peter Roudik.

 

·        Julian Zeligman. Researching Intellectual Property Law in the Russian Federation (LLRX) Thorough guide to Intellectual Property Law background and sources, explanations of individual laws, as well as useful information on researching Russian law in general.

 

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

 

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

 

19. Telecommunications

·        Telecommunications Law of Russia: Statutes and Statutory Instruments.  3rd ed. Translated by Olga Markova. [London:] Lawcis Research and Consultancy, ltd. 2012  Contains translation of  Law on Communication of July 2003 and many selected statutory items implementing it. Most of the material is up to date  as of 1 July 2012. 

 

20. Arbitration (Private and International)/Conflict of Interest

 

·        Law of the Russian Federation on International Commercial Arbitration . In Force 14 August 1993.  From LexMercatoria.

 

·        The International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation   This is the most important international arbitration court in the Russian Federation. Site provides information on Procedure, Costs, Documents, Enforcement of Awards.

 

  • Vorobieva, Olga. Private International Law in Russia . Alphen aan den Rijn, The Netherlands.Kluwer Law International, Frederic, MD. 2012. Originally published as a monograph in the International Encyclopedia of Laws/Private International Law.

 

·        International Commercial Arbitration: Different Forms and Features . Guiditta Cordero-Moss, editor. Cambridge; New York : Cambridge University Press, 2013. Includes article “Arbitration in Russia: features of the International Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation,” by Alexander Komarov.

 

·        Arbitration in CIS Countries: Current issues. Association for International Arbitration, ed. Antwerpen ; Appeldoorn ; Portland: Maklu, 2012. Compilation of conference papers held in Brussels, June 2012. Includes several papers on various aspects of arbitration in the Russian Federation.

 

·        Antonov, Mikhail. “Foreign Court Decisions, Arbitral Awards and Sovereignty in Russia.” 38 Review of Central and East European Law 317-340 (2013)

 

·        Budylin, Sergey. “Judging the Arbiters: the Enforcement of Foreign International Awards in Russia.”  34 Review of Central and East European Law  137-172 (2009).

 

·        Komarov, A.S. “Overview of the Revised Rules of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (the ICAC .”  1  The Journal of Eurasian Law 129-136 (2008).  Author is President of the ICAC.

·        Marisin, Ivan and Aitkulov, Timur.  “The New Russian International Arbitration Rules (The Rules of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation),” 1 The Journal of Eurasian Law 1137-148  (2008).

 

·        International Commercial Arbitration and International Maritime Law from a German and Russian Perspective . Trunk, Alexander  & Valerij A. Musin, eds.  Munster: LIT, 2004.

 

·        World Arbitration Reporter. 2d ed. Loukas Mistelis, Laurence Shore and Hans Smit, eds. Huntington, N.Y.: Juris Publishing, 2010-. Multi-volume, loose-leaf set. Vol. 1A contains National Report on the Russian Federation by Ivan Marisin and Roman Khodkykin; Vol. 2 contains an article on the International Commercial Arbitration Court (IAC) and Maritime Arbitration Comission (MAC) at the Russian Federatdion Chamber of Commerce and Industry by Roman Khodyrkin.  

 

·        Litigation and Arbitration in Central and Eastern Europe . Rivkin, David W. and Charles Platto, eds. 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.” Translated  by W.B. Simons and C. Vaughn-Kirov. 22   Review of Central and East European Law 33-53 (1996).

 

·        Hober, Kaj. Enforcing Foreign Arbitral Awards against Russian Entities . Huntington, N.Y. : Juris Publishers, 2002

 

 

21.   Property

  • Russian Civil and Commercial Law: v. 1: General Provisions, Ownership . V.P. Mozolin and A.I. Masliaev, editors; William E. Butler, editor and translator. This publication listed under “Major Texts” earlier in this paper. This volume is published in association with the Moscow State Legal Academy.

 

  • Renaud, Bertrand M., et. al. “Property Rights and Real Estate Privatization in Russia: A Work in Progress.” In Property Rights and Land Policies. Edited by Gregory K. Ingram and Yu-Hung Hong. Cambridge, MA. Lincoln Institute of Land Policy, 2009. Compares development of property rights in Estonia and Russia. Includes tables showing time-line of land and property laws in Russia. Gregory M. Ingram and Yu-Hung Hong, eds. Cambridge, MA: Lincoln Institute of Land Policy, 2009.

 

·        Mozolin, Viktor P. Property Law in Contemporary Russia . (Washington, D.C: International Law Institute, 1994-. (Looseleaf). Includes legislation and amendments up to 1992. Has not been updated.

 

22.   Labor

For other versions of the Labor Code, see the “Compilations of Legislation” and “Codes” sections of this article, above.  

 

·        Natlex 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 in English on the laws and decrees retrieved is generally in abstract form; full text versions are usually only in Russian; however,  full-text English translations are available for the following: Labor Code of the Russian Federation (197-FZ) of December 31, 2001 Law(No. 10-FZ)  On Trade Unions of January 12, 1996 Act No. 24901 On Collective Agreements of March 11, 1992 Law No. 125-FZ On Compulsory Social Insurance Against Accidents at Work and Occupational diseases of July 24, 1998 ; Law on the Prevention of the Spread in the Russian Federation of Diseases Caused by the Human Immunodeficiency Virus ( HIV-Infection) of March 30, 1995 Law on Rallies, Meetings, Demonstrations, Marches and Picketing of June 19, 2004 ; (from Legislationline site, under topic “Freedom of Assembly.”  The Natlex site also gives citations for the location of English translations in print sources, and it also lists repealed laws.

 

·        The Laval and Viking Cases: Freedom of Services and Establishment v. Industrial conflict in the European Economic Area and Russia. Roger R.  Blanpain, editor. Alphen aan den Rijn, the Netherlands; Kluwer Law International. Federicksburg, MD. 2009.

 

23.   Education

·        Lauwers, Gracienne. The Impact of the European Convention on Human Rights on the Right to Education in Russia, 1992-2004. Nijmegen: Wolf Legal Publishers, 2005.  Includes Law on Higher Education and Post-Graduate Education; Law on National Cultural Autonomy; Law on the Languages of the People of the Russian Federation and other legal material.

 

·        De Groof, Jan, Gracienne Lauwers and V.M. Filippov.  Adequate Education Law for Modern Russia. Leuven; Apeldoorn: 2001.

 

24.   Health

·        Butler, William Elliott. Narcotics and HIV/AIDS  in Russia: Harm Reduction Policies under Russsian  Law. London: Wildy, Simmonds & Hill Law Publishing, 2005.  Includes selected Russian Federation legislation and U.N. conventions.

 

·        Federal Law on Narcotic Means and Psychotropic Substances (1998, as amended 2007). In Russia and the Republics , v.3.

 

25.   Family

For the Family Code, check  check  “Compilations  of Legislation” and “Codes” sections of this paper.

 

·         Federal Law on Trusteeship and Guardianship  and Federal Law on Acts of Civil Status 1997. Amended.  In   Russia and the Republics, v. 2.

 

·        Intercountry Adoption. Fom U.S. Dept. Of State. Select “Russia” from Country Information listing.  Includes Russian Supreme Court letter on Implementing Federal Law 272 FZ, which bans adoption of Russian children by U.S. citizens.

 

·        “Procedural Remedies in the Event of Foreign Adoptions,” Ruling of the Supreme Court of the Russian Federation, 20 December 2005, excerpts translated by William Butler . 11  Sudebnik 361-361  (2006).

 

·        Antolskaia, Maria V. “The 1995 Russian Family Code: A  New  Approach to the Regulation of Family Relations.”   22  Review of Central and East European Law 635-660 (1996).

 

26. Environment

·        Ecolex   (FAO, IUCN, UNEP) Comprehensive site providing multiple search options to retrieve environmental news, legislation, court cases, treaties, etc. for many countries. The site is quite current in updating. Legislative material is given in abstract form in English, but full text is usually in Russian.

 

·        Forest Code of 2006 (Ecolex)

 

·        Forest Code of 1997  (Ecolex)

 

·        FAOLEX   (Food and Agriculture Organization)  Database contains national legislation on topics within FOA’s mandate. Much overlap with Ecolex site above since FAO is one of the  joint operators  of  Ecolex.  There are multiple search options. Retrieves  abstracts of ministerial decrees and orders, laws, treaties, etc.  in English. (Full text is usually in Russian, but links to English translations provided if available.

 

·        Federal Law on the Protection of the Environment (10 Jan. 2002-last updated 27 Dec. 2009) in Russia and the Republics , v. 2.

 

·        The Environment and the Violations of Human Rights: Special Report of the Commissioner on Human Rights in the Russian Federation . Sofia: Pensoft, 2004.

 

 

27.   Criminal Justice

For Criminal Code and Criminal Code of Procedure, check under the “Compilation of Legislation” and  “Codes” sections of this paper.

 

  • Burnham, William and Jeffrey Kahn, “Russia’s Criminal Procedure Code Five Years Out.” 33    Review of Central and East European Law 1-93 (2008).

 

  • Pomorski, Stanislaw . “ Consensual Justice in Russia: Guilty Pleas Under the 2001 Code of Criminal Procedure .”   in  Public Policy and Law in Russia: In Search of a Unified Legal and Political Space: Essays in Honor of Donald D. Barry. Edited by Robert Sharlet and Ferdinand Feldbrugge. Leiden; Boston: Martinus Nijhoff, 2005, 188-198. ( Law in Eastern Europe, no. 55).

 

  • Pomorski, Stanislaw. “Modern Russian Criminal Procedure: the Adversarial Principle and Guilty Plea”  17  Criminal Law Forum 129-148 (2006).

 

 

·        Death Penalty. Russian Federation (Legislationline)  Select  topic “Death Penalty.” Discusses legal framework for death penalty in the Russian Federation, and the Moratorium installed in 1996.

 

·        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.

 

·        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.

 

·        Pridemore, William Alex, ed.   Ruling Russia: Law, Crime and Justice in a Changing Societ. Alex Lanham, Md.:  Rowman & Littlefield, 2005. Articles on many aspects of crime and criminal justice  by both Russian and other scholars.  Some of these articles are: “The Criminal Procedure Code of 2001: Will It Make Russian Justice More Fair?” by Peter H. Solomon; “Juvenile Crime and Justice in Post-Soviet Russia,” by Daniel G. Rodeheaver and James L. Williams; “Injecting Drug Use and HIV: Harm Reduction Programs and the Russian Legal System,” by William E. Butler;  “The Russian Correctional System during the Transition,” by Roy King and Laura Piacentini.

 

 

28. Police

  • “Police in Russia: Reform or Rebranding: ” Statutes and Decisions:The Laws of the USSR and Its Successor States 46:4-46:6 (2011) Edited by  Alexei Trochev. Issue 4 contains Federal Law  No. 3-FZ  “On the Police” of  Feb. 7, 2011, which transformed the key law enforcemt agency, the militia into federal police. Issue 5 contains decrees clarifying the law On the Police, and issue 6 has media reports and interviews with officials and police chiefs on the beginning of the process of the recertification of police officers as required by the new law. The following volumes and issues of the journal continue the coverage of the process of police reform, providing translations of media coverage, laws, decrees, and edicts: 47:1-6 (2012); 48:1-4(2013).

 

·        Policing and Minorities in the Russian Federation: Key International Guidance Documents and Case Studies .Prepared by European Dialogue (UK) with the Support of the Council of  Europe. Strasbourg: Council of Europe Publications, 2008. Guidebook setting out international standards on good practice in policing minority communities , meant for use in Higher Institutes of Police Training in the Russian Federation.

 

·        Ethnic Minorities and Access to Justice in the Russian Federation: Cooperation between Ethnic Minorities and the Police at the Local Level. (European Dialogue)

 

·        Semukhina, Olga B. And M. Kenneth Reynolds. Understanding the Modern Russian Police.   Boca Raton, FL.: CRC Press, 2013. Chapter 5 gives information on the structure and authority of the  contemporary police; Chapter 7  reviews  anti-corruption measures, including law “On Police”  of 2011 and other recent legislation.

 

  • Favarel-Garrigues,  Gilles and Leverdier, Roger.   Policing Economic Crime in Russia: From Soviet Planned Economy to Privatization . New York: Columbia University Press, 2011.

 

  • Taylor, Brian D. State Building in Putin’s Russia:Policing and Coercion after Communism. Cambridge; New York: Cambridge University Press, 2011.

 

 

29. Terrorism and Related Issues

·        Terrorism: Russian Federation (Legislationline)  Select topic  “Counter-Terrorism.”  Includes the Federal Constitutional Law “On the State of Emergency,”  other primary laws, secondary legislation, as well as a case from the European Court of Human Rights.

 

·        “Defining Terrorism”.   Statutes and Decisions:The Laws of the USSR and Its Successor States 40:5(2004) and   “Antiterrorist Laws and Agreements in Russia and the Commonwealth States.”  40:6(2004). 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.

 

·        “The Development of the Russian Law  ‘On Countering Extremist Activity’.”   Statutes and Decisions : The Laws of the USSR and Its Successor States 43:1-43:2 (2008) The first issue includes “Law of the Russian Federation ‘On Countering Extremist Activity” as adopted July 25, 2002, as well as a governmental decree, orders of the General Procuracy and a determination of the Constitutional Court in regard to extremist activity, as well as newspaper articles. The second issue contains press coverage  of measures taken in regard to extremist activity.

 

·        United Nations Office of Drug and Terrorism (UNODoc). Includes legislation regarding terrorism and related issues, provisons on extradition, cases from the Supreme Court. Some of the laws are in Russian.

 

·        Intelligence Related Laws and Decrees (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. Also:  Statute on Federal Security Service of the Russian Federation and Structure of Federal Security Agencies (2003).

 

·        Agentura  Russian web-site founded by journalists for monitoring Russian and Western security agencies. Provides current news, and links to information on intelligence services, counterterrorism measures, etc.

 

30. Military

·        Arbatov, Aleksei Georgievich  and  E.L. Chernikov. Russian Federation Legal Acts on Civil-Military Relations: Collection of Documents . Moscow: DCAF: Foundation for Political Centrism, 2003.

 

31.   Comparative Law

·        Saidov, A. Kh. Comparative Law (Sravnitelnoe pravovedenie). Translated from the Russian and edited by W.E. Butler. London: Wildy, Simmonds & Hill, 2003.

 

32.   International Law and Foreign Affairs

 

Official Bodies:

·        Ministry of Foreign Affairs of the Russian Federation   News, some transcripts of speeches, press releases, etc.

 

·        Embassy of the Russian Federation to the U.S . Useful information on visas, power of attorney, business cooperation between Russia and the U.S., etc.

 

·        Embassy of the United States in Moscow-Russia.   Useful information on visas, judicial assistance, doing business, etc.

 

·        Permanent Mission of the Russian Federation to the United Nations (New York) News, official statements, etc.

 

Treaties, Laws:

·        “Foreign Relations Law.”  in Russia and the Republics, v. 3. This section includes Federal Law on International Treaties of the Russian Federation  (amended) as well as several other foreign law items, including   Federal Law on the Legal Status of Foreign Citizens in the Russian Federation (as amended 29 Dec. 2006). This version is more current than the ones listed below. 

 

·        Federal Law Concerning the Legal Status of Foreign Citizens in the Russian Federation (2002)   From Ministry of Foreign Affairs of the Russian Federation.

 

·        The Law of Treaties in Russia and the Commonwealth of Independent States: Text and Commentary . Commentary by W.E. Butler. Cambridge; New York: Cambridge University Press, 2002. Contains translation of 1995 “Law on International Treaties of the Russian Federation.” Commentary on Russian law and comparisons with corresponding provisions of legislation of other CIS countries.

 

·        CIS Treaties and Agreements (theRussiasite) Includes  Agreement on the Establishement of the Commonwealth of Independent States (CIS) and Charter of the Commonwealth of Independent States. Unofficial translations by John Fowler.

 

·        Law of the Sea treaties and legislation.   From UN Division of Ocean Affairs and Law of the Seas.  Legislation on continental shelf, borders, and treaties with other countries on maritime issues.

 

·        Law on Trophy Art (Documentation Project) Includes both Russian and English versions of law on art which was taken from other countries during World War II and moved to the Soviet Union.

 

Books and Journals:

·        International Affairs. A Russian Journal of World Politics, Diplomacy, and International Relations. Moscow. (English version of the journal of the Ministry of Foreign Affairs of the Russian Federation. Also available on-line through Eastview Information Services .

 

·        International Law: a Russian Introduction . [Edited by] V.I. Kuznetsov and B.R. Tuzmukhamedov; edited and translated, with an introduction,  by William E. Butler. Utrecht: Eleven International Pub., 2009. This important text includes articles by leading Russian scholars  and officials involved in foreign affairs.

 

·        Russia, the European Union and the CIS. Edited by Eric Engle. The Hague, the Netherlands; Portland, OR.:  Eleven International Pub., 2012. Collection of articles.

 

·        The Role of Domestic Courts in Treaty Enforcement: a Comparative Study . Edited by David Sloss. Cambridge; N.Y. Cambridge Univ. Press, 2009. Chapter on Russian Federation is by William E. Butler.

 

·        Zimnenko, V.L. International Law and the Russian Legal System. Edited and Translated, with an Introduction, by William E. Butler. Utrecht: Eleven International Publishing, 2007. Contains  Table of Judicial Practice, Table of Russian Legislation, Table of USSR Legislation, Table of Treaties, Table of Documents of International Organizations.

 

·        Kovalev, A. A . Contemporary Issues of the Law of the Sea: Modern Russian Approaches. Edited and translated by W.E. Butler. Utrecht: Eleven Intl. Publ., 2004.

 

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

 

·        International Law in Russia and Eastern Europe: Essays in Honor of George Ginsburgs . Clark, Roger, Ferdinand Feldbrugge and Stanislaw Pomorski, eds. The Hague; Boston; London: Martinus Nijhoff Publishers, 2001 (Law in Eastern Europe, No. 49).   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.  

 

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

 

·        Constitutional Reform and International Law in Central and Eastern Europe . Mullerson, Rein, et.al., eds.  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.

 

33.   Commercial Law & Business Information

 

33.1. Guides /Information

·        Doing Business in the Russian Federation   (From firm Ernst & Young)

 

·        Doing Business and Investing in the Russian Federation  (From PriceWaterhouse Coopers)

 

·        Doing Business in Russia (From KPMG)

·        Doing Business in Russia (From firm Baker & McKenzie)

 

·        Russian Law Resource Center From Morgan Lewis. News on Legal Developments and links to government agencies.

 

·        American Chamber of Commerce in Russia. The Doing Business in Russia section has articles on various topics, such as anti-corruption, customs, employment, etc.

 

·        European Bank for Reconstruction and Development. Corporate Governance Codes . Select “Russia” from listing of countries. The EBRD also provides much other information, including Country Law Assessment regarding the adherence of a country’s commmercial laws to international standards .

 

·        Russia and the EU (from EUBusiness)  Business news on Russia and the EU.

 

·        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 Dispsute Resolutio 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 in print format.

 

·        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. 

 

·        International Comparative Legal Guide Series (ICLG)  Site provides practical information on a range of legal practice areas for many coutries. Select a practice area and then select country. Guides are updated annually. Information is provided by law firms usually located in specific country. Guides for Russia at this writing include Competition Litigation, Corporate Tax, International Arbitration, Litigation and Dispute Resolution, Merger Control .

 

 

33.2. Compilations of Laws on Business

 

More Recent:

·        “Economic Societies and Partnerships.”  In Russia and the Republics , v.2. Among the laws includes in this section are: Federal Law on  Commercial Secrecy and Federal Law on Limited Responsibility Societies.  

 

·        Russian Company and Commercial Legislation. C ompiled  and edited, with a t ranslation 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.

 

Earlier Compilations Still Useful for Research:

·        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.

 

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

 

33.3. Books on Commercial Law

  • Orlov, Vladimir. Introduction to Business Law in Russia . Farnharm, Surrey: Burlington, VT. Ashgate, 2011.

 

  • Oda, Hiroshi. Russian Commercial Law. Leiden; New York: Martinus Nijoff Pub., 2d. ed. 2007.  Comprehensive text covering all aspects of commercial law.

 

·        Investor Protection in the CIS: Legal Reform and Voluntary Harmonization . Law in Eastern Europe, no. 57. Rilka Dragneva, editor. Leiden; Boston: Martinus Nijhoff, 2007.  Although focus is on CIS as whole, legislation and legal developments in specific countries, including Russia,  are also  examined. Go to Index for starting points.

 

·        Remaking the Role of Law. Commercial Law in Russia and the CIS. Kathryn Hendley, editor. Huntington, N.Y. : Juris Publishing, 2007. Papers from a conference held at the Kennan Institute in 2004.  

 

·        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. Not updated since 1997.

 

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

 

33.4. Banking

·        Central Bank of Russia . Section on “ Legal Status” provides link to Federal Law on the Central Bank (last updated  2009) as of this writing.

 

·        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.

 

33.5. Bankruptcy

·        “The Legal Regulation of Bankruptcy: Russian Legislation and Models for the CIS.: A Special  Issue.”  25 Review of Central and East European Law (1&2) (1999). Double issue. Edited by Sarah J. Reynolds and William B. Simons. Includes a Guide to the Russian Federation law on insolvency in force at the time by the Hon. Sidney B. Brooks, an experience US bankruptcy judge who worked on the drafting of the law. Also contains contains translations of the laws On Insolvency (Bankruptcy),  On Insolvency of Credit Organizations, and related decrees of the Government and of the Central Bank relating to the bankruptcy. Also contains Model CIS law on bankruptcy.  

 

·        Federal Law of the Russian Federation on Insolvency (Bankruptcy). Text of law is included In: A.Iu. Bushev, D.V. Khokhlov, O.Iu. Skortsov. “The Theoretical Underpinnings of Commercial Law: A Russian View of Bankruptcy and Securities.” Special Issue. 30 Review of Central and East European Law, 2-4 (2005). In-depth examination of Bankruptcy and Securities law in the Russian Federation.

 

 

33.6. Foreign Investment

·        “Foreign Relations Law.”  In Russia and the Republics , v. 3. This section of the set includes Federal Law on Foreign Investments (amended) and Federal Law on the Procedure for the Effectuation of Foreign Investments in Economic Societies Having Strategic Significance for Ensuring the Defense of the Country and Security of the State (2008). Another translation of this  2008 law is also found on the Federal Antimonopoly Service site listed in the Monopoly section of this paper.

 

·        Butler, William E. Russian Foreign Relations and Investment Law . Oxford ; New York: Oxford University Press, 2006.

 

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

 

33.7. Company and Corporation Law

 

 

33.8. Joint Stock Companies

·        Federal Law on Joint-Stock Societies (1995, as amended 2007). In  Russia and the Republics , v. 2.

 

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

 

·        Federal Law on Joint Stock Companies. 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.

 

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

 

33.9. Monopoly/Competition

·        Federal Antimonopoly Service (Russian Federation). Includes news, policy decisions, legislation, etc. Section “Legislation” includes translation of  many laws on competition which are updated regularly.

 

·        “Legal Reformation: New Institutions and New Principles: The Creation and Regulation of Markets: Demonopolization and Competition.”  Edited by Sarah J. Reynold.    Statutes and Decisions:The Laws of the USSR and Its Successor States 31:(1-3) (1995). These 3 issues bring together various laws, orders, presidential edicts and decisions of the Arbitration Court from 1992 to 1995 dealing with competition and anti-monopoly issues and policy. Issue 31, no.2 focuses on consumer protection, and has different subtitle, “Consumer Protection” instead of “Demonopolization and Competition”.

 

·        Asia-Pacific Economic Cooperation (APEC) . The Russia section includes  competition policies and laws, judicial cases, interrnational and bilateral agreements regarding competition issues.

 

33.10. Securities

·        Belov, V.A.  Paperless Securities . Translated,  with an introduction, by William E. Butler and Maryann E. Gashi-Butler. 3 rd rev. ed. London: Wildy, Simmonds & Hill Publishers, Ltd., 2003.

 

33.11. Tax

For Tax Code, check sources under the “Compilation of Legislation” and “ Codes ” sections  of this guide. Many of the  publications  listed above under “Guides/Information” contaian explanations of tax matters.

 

 

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

 

33.12. 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.

 

34.   Legal Dictionaries

 

34.1. 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. Sovremennyi  russko-angliiskii iuridicheskii slovar’. Moscow: RUSSO, 2005.

 

·        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.

 

·        Rakipov, N.G. and Anna N. Rakipova . Elsevier’s Dictionary of Economics, Business, Finance and Law. Russian-English.  Amsterdam; Boston: Elsevier, 2004. 2 vols.

 

  • Zagorskaia, A.P. with Nina Petrochenko. Russian-English, English-Russian Business Dictionary. Chichester, U.K.; New York: Wiley, 1996.

 

34.2. 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.

 

·        Zagorskaia, A.P. with Nina Petrochenko. Russian-English, English-Russian Business Dictionary . Chichester, U.K.; New York: Wiley, 1996.

 

·        Mironova, I.V. et al. English-Russian Law Dictionary with Pronunciations . 2d ed. St. Petersburg: Yuridichesky Center Press, 2004 .

 

35.   News Sources/Analysis

·        Russian Information and News Agency (RIA Novosti) Major Russian New Agency. Provides current coverage of wide range of news.

 

·        ITAR-PRESS  Another important Russian news agency.

 

·        Jamestown Foundation

 

·        Chatham House

 

·        Johnson’s Russia List

 

·        Radio Free Europe/Radio Liberty

 

·        News (U.S. Embassy in Moscow)

 

·        Moscow Times.  Coverage includes general news.  Has a “Business” section. Current issue is free.

 

·        St. Petersburg Times . General news, as well as specific areas of interest.  Section on Business useful for coverage of legislation affecting business. Free Archive access back to 2000but free access to

·        Current Digest of the Post-Soviet Press. Columbus, OH: Current Digest of the post-Soviet Press, 1992- present. (Subscription Required)  Provides translations of articles, usually in excerpt form, from newspapers in the Russian Federation.  Approximately 6-week gap between original story and appearance in Current Digest . Available in print and electronic versions from East View Information Services.

 

·        Eurasian Law: Breaking News (Russia-Eurasia Committee of American Bar Association) News blog covers Russia and other countries of Eurasian region.

 

36. Further Suggested Readings

·        Russia and its Constitution: Promise and Political Reality .  Gordon B. Smith and Robert Sharlet, eds. Leiden; Boston: Martinus Nijhoff, 2008. (Law in Eastern Europe, No.58). Articles by various authors, including: “Modern Russian Criminal Procedure: The Adversarial Principle and Guilty Plea”, by Stanislaw Pomorski;  “The Procuracy: Constitutional Questions Deferred,”  by Gordon B. Smith;  “Press Freedom in Russia: Does the Constitution Matter?”  by Peter Krug.

 

·        Private and Civil Law in the Russian Federation: Essays in Honor of F.J.M. Feldbrugge. Edited by William Simons. Leiden, Boston: Martinus Nijhoff, 2009. (Law in Eastern Europe. No. 60). Articles from two conferences held at the Institute of East European Law and Russian Studies in 1998 and 2003. Articles on the Civil Code, bankruptcy, inheritance, consumer and entrepreneurs under the civil code, etc. by various authors.

 

·        Russia, Europe and the Rule of Law. F.J. J. Feldbrugge, editor.  Leiden, Boston: Martinus Nijhoff, 2007. (Law in Eastern Europe, No. 56). Articles by various authors on many topics, including: “Law, Citizenship, and Rights of Non-Russian Nationalities, Past and Present,”  by Susan Heuman; “Judicial Review of Governmental Actions: A Tool for Russian NGO’S?,”  by Anna Jonsson;  “Interpretation and Accomodation in the Russian Constitutional Court,” by  Anders Fogelklou.

 

·        The Revival of Private Law in Central and Eastern Europe: Essays in  Honour of Ferdinand J.M. Feldbrugge . George Ginsburgs,  Donald D. Barry, and William B. Simons, eds. Dordrecht: M. Nijhoff, 1996. (Law in Eastern Europe, No. 46).  Includes articles on Property, Environmental law, Tort, Inheritance, Secured transactions, Lease, and International law of the Russian Federation.

 

·        The Legal Foundations of the New Russia . Risnes, Brynjulf, ed.  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.

 

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

 

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

 

·        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.