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UPDATE: Russian Federation Legal Resources in English:

Selection of Research Material

 

By Lucy Cox

 

Lucy Cox is Reference and Foreign/International Law Librarian at the Rutgers University Law School Library at Camden. Her responsibilities include maintaining the Ginsburgs Collection of Soviet and Post-Soviet Law. She holds an M.L.S. 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 August 2008

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Table of Contents

1. Foreword

2. Background Information

3. Research and Bibliographic Guides

4. Legal Dictionaries

4.1 Russian-English

4.2 English-Russian

5. Major Texts

6. Compilations of Translated Legislation (Comprehensive)

6.1. Electronic Compilations

6.2. Print Compilations

7. Journals

8. Constitution

9. Codes

9.1. Multiple Codes

9.2. Individual Codes

10. Courts

10.1. Directory

10.2. Overview

10.3. Constitutional Court

10.4. Supreme Court

10.5. Arbitrazh Courts

10.6. Sites for Legislation on Judicial System

11. Legal Profession

12. Election System

13. Civil Rights

14. Religion

15. Citizenship

16. Migration

17. Human Rights

18. Media

19. Intellectual Property

20. Telecommunications

21. Arbitration (Private and International)

22. Property

23. Labor

24. Education

25. Health

26. Family

27. Environment

28. Criminal Justice

29. Terrorism and Related Issues

30. Military

31. Comparative Law

32. International Law and Issues

33. Commercial Law & Business Information

33.1. Major Web Sites for Commercial Information

33.2. Guides/Current Awareness 

33.3. Compilations of laws on Business

33.4. Treatises/Texts on Commercial Law

33.5. Banking

33.6. Bankruptcy

33.7. Foreign Investment

33.8. Company and Corporation Law (Multiple Laws)

33.9. Joint Stock Companies 

33.10. Monopoly

33.11. Privatization

33.12. Securities

33.13. Tax

34. News Sources

35. Further Suggested Readings

 

1. Foreword

This selection of legal resources in English for the Russian Federation 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 may exist for some material, and older as well as more updated versions of some legislative items are listed.

 

2. Background Information

·         Background Notes: Russia; provided by the U.S. Department of State.

·         The World Fact Book: Russia; provided by the U.S. Central Intelligence Agency (CIA).

·         Country Profile: Russia; provided by the Foreign and Commonwealth Office (UK).

·         Legislationline.org; provided by the 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. This site will also be referred to later in relation to specific topics.

·         Russia Judicial Assistance; provided by the U.S. Embassy in Moscow. Brief summary of issues involving criminal matters, authentication of documents, enforcement of judgments, etc.

 

3. Research and Bibliographic Guides

  • A Guide to Legal Research in Russia (Globalex) (2006), 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 Russian Legal Research (LLRX) (2001, updated 2003?), by Marina Konioukhova. Extensively detailed outline of and links to Russian governmental and legal organs, with explanations of their history and functions.
  • Legal Research Guide: Russia  (Library of Congress).
  • Bulletin of Current Research in East European Law. United States:  s.n., 1972-. 3 times a year. Published at the University of Toronto, Centre for Russian and East European Studies, beginning with vol. 11, no.3.  Valuable source for coverage of current publications. Lists books, book reviews, articles from law reviews and other legal and related journals, announcements of conferences and of other news of interest to those involved in East European law. One section in each issue is devoted to listing English translations of legislation and court decisions.
  • Kavass, Igor I. Law in Russia and the Other Post-Soviet Republics:  A Bibliographic Survey of English Language and Literature 1992-1995.  Sequel to Soviet Law in English, Gorbachev's Law, and Demise of the Soviet Union. Buffalo, N.Y: William S. Hein & Co., 1997.  Provides a thorough bibliographic listing of books, articles, translations of laws and court decisions from law reviews and other journals.  Access is by author or subject.
  • Kavass, Igor I. Law in Russia and the Other Post-soviet Republics: A Bibliographic Survey of English Language Literature 1996-2001. Buffalo, N.Y.: William S. Hein & Co., 2002.  Continuation of earlier work listed directly above. 
  • Reynolds, Thomas H. and Arturo A Flores. Foreign Law: Current Sources of Codes and Legislation in Jurisdictions of the World. Littleton, CO: Fred B. Rothman & Co., 1989- . (Looseleaf and also electronic version by subscription).   Good starting point for research in Russian law. Provides a historical background of the legal system. Provides citations to major sources of law in Russian publications, but also gives copious citations to English translations if they exist.

 

4. Legal Dictionaries

 

4.1. 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. Sovremennyi russko-angliiskii iuridicheskii slovar’ = Contemporary Russian-English Law Dictionary. Moscow: RUSSO, 2006.
  • 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: Zertsalo; 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.

 

4.2. English-Russian

 

  • Andrianov, S.N., A.S. Berson, and A.S. Nikiforov. English-Russian Law Dictionary: approx. 50000terms=Anglo-russkii iuridicheskii slovar’: okolo 50000 terminov. Moscow: RUSSO, 2003.
  • 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: EKSMO, 2006.
  • Mironova, I.V. et al. English-Russian Law Dictionary with Pronunciations. 2d ed. St. Petersburg: Yuridichesky Center Press, 2004.
  • 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.

 

5. Major Texts

  • Butler, William E.  Russian Law. 2d ed. New York, N.Y.: Oxford, University Press, 2002.  Comprehensive textbook includes text of the constitution, listing of treaties, and a chapter devoted to resource material on Russian Law.
  • Butler, William E. Russian Law. New York, N.Y.: Oxford University Press, 1999.  In the preface to the second edition of this work, the author advises  keeping this edition because some material was not incorporated into the later edition.
  • Burnham, William, Peter B. Maggs, and Gennadii M. Danilenko. Law and Legal System of the Russian Federation 2d ed. Yonkers, N.Y.: Juris (for the Parker School on Foreign and Comparative Law), 2004.  Textbook covering all aspects of law; incorporates the case-law method, and includes translations of cases explaining points of law. Also includes study questions.

 

6. Compilations of Translated Legislation (Comprehensive)

 

6.1. Electronic:

 

  • Garant (subscription required): This Russian company provides a major database for accessing Russian legislation, as well as court cases,  in English translation.  The focus is on business-related matters, but the scope is wide.  It is updated regularly. There is an extensive system of internal links, making possible comparisons between old and new versions of legislation. Many access points for searching material.  A helpful user guide is included. Free access to listing of recent material. Garant is also available through Lexis.
  • Kodeks (subscription required): Another major Russian database which provides English translations. The focus of this service is on business legislation. It is updated regularly. Free access to Thematic Glossary of Normative Acts and to New Documents, which are useful in showing what is available on the site in translation.
  • Lexadin World Law Guide: Legislation—Russia: This Netherlands site gathers material found on the world-wide web; thus, some materials may be more outdated than others.
  • Eastlaw: This site contains a limited selection of laws, as well as presidential and government decrees from 1992 to 2001. Material is found under these headings:

o    Company law;

o    Codes;

o    Family Law;

o    Draft Laws;

o    Presidential Decrees;

o    Government Decrees; and,

o    Commission on Securities. 

 

6.2. Print:

 

·         Russia and the Republics Legal Materials. 2d series. William E. Butler, editor and translator. Huntington, N.Y.:, Juris Pub., 2006- . 2v. (loose-leaf).  This set of translated legislation is updated every six months. The material is grouped under these headings: 

o    v.1. :

§  Constitutional Law;

§  Civil Law;

§  Economic Societies and Partnerships;

§  State Corporations;

§  Commercial Secrecy; and,

§  Intellectual Property.

o    v. 2. :

§  Family Law;

§  Insurance Law;

§  Land Law;

§  Labor Law;

§  Criminal Law;

§  Court Organizations; and,

§  Foreign Relations Law. This set succeeds the one listed below, which should be retained for archival purposes.

·         Russia and the Republics: Basic Legal Texts. Vratislav Pechota, general ed. Ardsley-on-Hudson: Transnational Juris, 1991-2006. (Looseleaf).  8 vols. Russian Federation takes up 3 vols. frequently updates.  Includes useful introductory notes on salient features of specific laws. Legislation is grouped under headings:  Constitutional law, Civil law, Commercial law, Corporate law, Foreign Investment. Some of the specific laws included are: 1997 Law on Freedom of Conscience and Religious Associations; 1998 Law on Leasing; 1995 Law on Joint Stock Companies; 1998 Law on Limited Liability Companies; 1999 Law on the Protection of Rights and Legitimate Interests of Investors in the Securities Market; etc. An additional volume is titled Judicial and Arbitral Decisions. It covers cases dealing with issues of Russian law in the courts of various countries, including Canada, United Kingdom and the United States. This set has been superseded by the 2d series, listed above.

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

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

 

7. Journals

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

 

·         Review of Central and East European Law. Dordrecht; Boston: M. Nijhoff, 1992-1998. 6 issues per year. 1999-present. 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.

·         Statutes and Decisions: the Law of the USSR and its Successor States. Armonk, N.Y: M.E. Sharpe, Inc., 1991-. Quarterly. Continues Soviet Statutes and Decisions.  This journal is devoted exclusively to translations of legal material, accompanied by authoritative commentary. Individual issues, or more than one issue, deal with specific themes, and include relevant translations of legislation, edicts, court decisions and commentary. Material from this journal is included in this paper under various subject areas.

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

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

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

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

·         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.

·         Mezhdunarodnoe Pravo (International Law) Moscow: Informa-Systema., 1998-2001.  One issue every 4 months. Material is given in both Russian and English. Editorial board is drawn mainly from the Peoples Friendship University in Moscow. No longer published.

·         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.

·         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.

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

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

 

8. Constitution

  • The Constitution of Russia: the Basic Law: From the Office of the President of the Russian Federation.
  • Constitution Finder: From University of Richmond. Select Country.  This site collects versions of the constitution from the world wide web, in various languages.
  • Constitution of the Russian Federation: From non-governmental organization site, Democracy.ru.
  • Constitution of the Russian Federation: From the Russian Embassy site. Select Constitution from listing on left under Country Profile.
  • Belyakov, Vladimir V., and Walter J. Raymond. Constitution of the Russian Federation: With Commentaries and Interpretations. Lawrenceville, VA: Brunswick Publishing Corp.; Moscow: Novosti, 1994. Includes reference material on 1994 Duma, maps.
  • Constitution of the Russian Federation. Helsinki. Finnish Lawyers’ Publishing, 1994.  Text in English and Finnish.
  • Constitution of the Russian Federation. Moscow: Juridical Literature, 1994.  Text in Russian and English.
  • Tomanov, Vladimir, ed. Constitution of the Russian Federation: A Legal Interpretation.  Bethesda, MD: Austin and Winfield, 1995.  Translations in English, French and German, as well as commentaries.
  • Transition to Democracy. Edited by the International Institute for   Democracy. Strasbourg: Council of Europe Pub., 1997. Includes constitutions of the the former Soviet republics and Mongolia.
  • Constitutions of the Countries of the World. Edited by Gisbert H. Flanz. Dobbs Ferry, N.Y.: Oceana, 1971-. (Looseleaf).

 

9. Codes

 

9.1. Multiple Codes

 

  • Russia and the Republics Legal Materials. (Listed above in section “Compilations of Legislation.”  As of this writing, this set included the following codes: Civil Code [as amended through late 2007]; Criminal Code ([as amended April 2007]; Family Code [as amended July 21, 2007]; Labor Code [amended Oct. 18, 2007]; Land Code [as amended through Nov. 2007]).
  • Lexadin World Law Guide: Russia: From Netherlands technology firm. The Lexadin portal site gathers material from the world-wide web. The codes on this site are located under specific categories of law. They are not necessarily the latest version of a specific code. At the time of writing, the following codes were available: Administrative Offences Code, Criminal Code, Criminal Procedure Code, Customs Code, Tax Code Parts One and Two, Labor Code, and Forest Code. A more recent version of the Forest Code is listed in the “Environment” section of this paper.

 

9.2. Individual Codes

 

Administrative Violations Code

·         “Code of the Russian Federation on Administrative Violations,” Federal Law No. 195-FZ (2001 as amended 2007).  Statutes and Decisions: the Law of the USSR and its Successor States 42:3 –42:6 (2007).  Edited, with an introductory article, by Sarah J. Reynolds. These 4 issues cover the first five parts of the code.

 

Civil Code

  • Grazhdanskii kodeks Rossiiskoi Federatsii (Civil Code of the Russian Federation): Parallel Russian and English Texts. Edited and translated by Peter B. Maggs and Alexei N. Zhiltsov. Moscow: Norma, 2003. Contains the Civil Code as of 15 Sept. 20003. Also contains all the previous versions of the Civil Code starting with 1995. A useful introduction by Prof. Maggs traces the history and development of the various parts of the Code. Both editors took part in the drafting of the Code. The preface is by the Chairman of the High Commercial Court of the Russian Federation, V.F. Yakovlev.
  • Civil Code of the Russian Federation: Parts One, Two, and Three. Edited,    compiled and translated from the Russian with an introduction by William E. Butler. Oxford; New York; Oxford University Press, 2002.
  • The Civil Code of the Russian Federation: Part 3. With Amendments to the first and second parts. Edited and Translated by Peter B. Maggs. Armonk, N.Y: M.E. Sharpe, 2002.
  • “Civil Code of the Russian Federation: Part Three (26 November 2001)”. Translated by William E. Butler. Sudebnik 6:4 (2001), 753-819.
  • Civil Code of the Russian Federation: Parts One and Two: Adopted by the State Duma on 21 October 1994 and 22 December 1995, as Amended 20 February and 12 August 1996. Translated by William E. Butler. London: Simmonds & Hill: Primrose Academy, 1997.
  • Russian Civil Legislation: The Civil Code (Parts One and Two) and Other Surviving Legislation of the Russian Federation. Edited, compiled, and translated by William E. Butler. London: Simmonds & Hill; The Hague; Boston: Kluwer Law International, 1999.
  • The Civil Code of the Russian Federation: Parts 1 and 2. Edited and Translated by Peter B. Maggs with A.N. Zhiltsov. Armonk, N.Y: M.E. Sharpe, 1997.

 

Criminal Code

  • Criminal Code. Excerpts from Chapt. 20.  (Legislationline) Includes Art. 152, Trade in Children; Art. 240 Involvement in Engaging in Prostitution.
  • Criminal Code. Excerpts. From Russian National Gay, Lesbian, Bisexual and Transsexual Site. Includes Article 121, "Infection with a Venereal Disease"; Article 122, "Infection with HIV"; Article 132 "Forced Actions of Sexual Nature"; Article 242 "Unlawful Distribution of Pornographic Materials or Objects."
  • Criminal Code of the Russian Federation. Translated with an introduction by William E. Butler. 4th ed. London: Wildy, Simmonds & Hill, 2004.
  • “Criminal Code of the Russian Federation.” Edited and Translated by Sarah J. Reynolds. Statutes and Decisions. 39:4-39:6 (2003).  These three issues contain the Criminal Code as amended through the end of 2003.
  • The Criminal Code of the Russian Federation. Translated by William E. Butler. London: Simmonds & Hill, 1997.
  • The Criminal Code of the Russian Federation. 3rd ed. Edited and translated by W.E. Butler. The Hague: Kluwer Law International, 1999.
  • “Criminal Code of the Russian Federation.” Statutes and Decisions: the Law of the USSR and its Successor States  33:4-33:5 ( 1997).  Translation of entire code in 2 successive issues of the journal.

 

Criminal Corrections Code

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

 

Criminal Procedure Code

  • “Criminal 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 (2004)-40:4 (2004).  These 4 issues contain the Code as amended through June 29, 2004.
  • “Criminal Procedural Code of the Russian Federation, No. 174 FZ of December 18, 2001.” With commentary by Leonard Orland. Connecticut Journal of International Law 18 (2002):157-387.

 

Family Code

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

 

Labor Code

·         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 the texts of the laws themselves are in Russian.

·         “The Labour Code of the Russian Federation (2001).” Translated by W.E. Butler. Sudebnik 7:1 (2001), 35-23 and 7:2 (2001), 239-291.

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

 

Land Code

·         “Land Code of the Russian Federation.” Translated by William E. Butler Sudebnik, 6(2):2001, 429-530.

 

Tax Code

·         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

 

10.1. Directory

·         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.

 

10.2. Overview

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

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

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

 

10.3. Constitutional Court

  • Listing of Decisions of the Constitutional Court 1992-2003 (No decisions in 1994). From RussiaSite. Translation of case names by John Fowler.
  • “Legal Reformation: New Constitutions and New Principles: The Jurisprudence of the First Russian Constitutional Court.” Statutes and Decisions: The Laws of the USSR and Its Successor States 30:3 (1994)-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 (1995)-31:5 (1995).  These 2 issues include a translation of the 1994 Law on the Constitutional Court of the Russian Federation and the first eleven decisions issued in 1995, including the decision and dissents on the constitutionality of the War in Chechnya.
  • “The Development of Russian Federalism: Federalism in the Courts.” Statutes and Decisions: The Laws of the USSR and its Successor States. 35:3 (1999)-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 35:6 (1999); 36:1(2000)—36:6(2000); 37:1(2001)-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. Issues no. 6 for vols. 36 and 37 include a “Guide” listing decisions by subject matter.
  • Trochev, Alexei. Judging Russia: The Role of the Constitutional Court in Russian Politics, 1990-2006. Cambridge: New York: Cambridge University Press, 2008. 
  • “Decision of the Constitutional Court of the Russian Federation on the Verification of the Constitutionality of Provisions of the Federal Law as of April 15, 1998, “On Cultural Values Displaced to the USSR as a Result of World War II and Situated on the Territory of the Russian Federation.” Mezhdunarodnoe Pravo-International Law 1 (2000), 281-301.

 

10.4. Supreme Court

 

10.5. Arbitrazh Courts

Arbitrazh courts are a part of the court system of the Russian federation, and deal specifically with commercial matters. “Arbitrazh” is often translated as “arbitration.”  This may sometimes be confusing, as the material in this section has nothing to do with private international arbitration tribunals, which are considered later in this paper.  See the Guide to Russian Legal Research by Arina Popova and Lev S. Solovyev, listed in the beginning of this paper, for an explanation of the arbitrazh courts; also, see  the texts by Butler and Danilenko listed under “Basic Texts” in this paper. See also the explanation given on the Supreme Court of Arbitration site, directly below.

 

  • Arbitration Courts: Background information on the system of Arbitration Courts in the Russian Federation from the Supreme Court of Arbitration site.
  • “The Arbitrazh Courts of the Russian Federation: Continuing Evolution”. Edited and Translated by Sarah J. Reynolds. Statutes and Decisions: The Laws of the USSR and its Successor States 38:6 (2002).   Includes the following:  Law on the Arbitrazh Courts in the Russian Federation (1995 as amended 2003); Law on Arbitrazh Assessors in the Arbitrazh Courts of the Russian Federation (2001 as amended 2002 and 2003);   documents on the practice of the arbitrazh courts.
  • “Legal Reformation: New Institutions and New Principles: Arbitrazh Courts.” Statutes and Decisions. The Laws of the USSR and its Successor States 32:4 (1996). Includes the Law on the Arbitrazh Courts of 1995; the Arbitrazh Procedure Code of 1995.
  • “Decrees of the Supreme Arbitrazh Court: On the Legal Status of Forwards’ and “On the Operations of International Treaties of the Russian Federation Relating to Constitutions of Arbitrazh Procedure”.  Sudebnik 4:2 (1999), 337-356.
  • Decision of the Arbitrazh Court of Moscow Re: Rosneft v. Yukos (March 22 2006) Sudebnik, 11:3&4 (2006), 773-779. Translated by W.E. Butler.
  • Decree of the Ninth Arbitrazh Appellant Court Re: Rosneft v. Yukos (22 May 2006) Sudebnik, 11:3&4 (2006), 780-791. Translated by W.E. Butler.

 

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

 

10.6. Sites for Legislation on Judicial System

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

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

o  Law On Arbitration Courts in the Russian Federation (Apr.28, 1995)

o  Law on Military Courts (June 23, 1999)

 

11. Legal Profession

  • Jordan, Pamela. Defending Rights in Russia: Lawyers, the State, and Legal Reform in the Post-Soviet Era. Vancouver; Toronto: UBC Press, 2005. Traces development of the advokatura (defense bar) and methods of advocacy in both criminal and civil cases from Gorbachev era to current.
  • Martindale-Hubbell International Law Directory.  Summit, N.J., Martindale-Hubbell, 1868- 1990; Reed, 1990- . Annual.  Look under “Russia” for listing of law firms. Includes biographical information on attorneys.
  • List of Attorneys: From U.S. Embassy in Moscow.

 

12. Election System

o  Federal Law on the Election of the President of the Russian Federation (2003, amended 2007).

o  Federal Law on Basic Guarantees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum (June 2002 as amended July 2003).

o  Federal Law on the Election of Deputies of the State Duma of the Federal Assembly of the Russian Federation (2005 as amended July 2007).

o  Federal Law on the State Automated System of the Russian Federation “Vybory” (2003).

o  Federal Law on Political Parties (2001, as amended 2007).

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

  • “Legal Reformation: New Institutions and New Principles. Elections: The Federal Assembly.” Statutes and Decisions. The Laws of the USSR and its Successor States  32:1 (1996). The entire issue is devoted to legislation and decrees related to elections. Includes text of Law on Elections of Deputies to the State Duma of the Federal Assembly of 21 June 1995.

 

13. Civil Rights

  • Freedom of Association (Legislationline): Besides the primary laws listed below, this site also includes secondary legislation and cases from the European Court of Human Rights.

o  Federal Law on Non-Profit Organizations (1996, amended 2003)

o      Federal Law on Political Parties (2001, amended 2005)

o      Federal Law on Public Associations (1995, amended 2004)

o      Federal Law on Trade Unions and their Rights and Activities (1996, amended 2005)

o      Federal Law on State Registration of Legal Entities and Individual Entrepreneurs (2001, amended 2005)

o      Federal Law on Employers’ Associations (2002)

o      Federal Law on Charitable Activities and Organizations (1995, amended 2004)

o      Federal Law on Freedom of Conscience and Religious Associations (1997, amended 2004)

  • “Spies, Politics and Charities: Legal Regulation of Nongovernmental Organizations in the Russian Federation.” Statutes and Decisions: The Laws of the USSR and Its Successor States 42:1(2007) and 42:2 (2007). The first issue includes press and journal articles on potential threats to NGOs 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).
  • Some Issues Related to Russia’s New NGO Law (International Journal of Not-For-Profit-Law, 8, no.3, (May 2006). This article, written by Natalia Bourjaily, analyzes the main provisions of the 2006 law and its relationship to international law.
  • Henderson, Jane E. “Defending the Rights and Freedoms of Citizens in the Russian Federation.” Sudebnik, 3 (1998): 293-302.  This includes the law, “On Appealing to a Court Actions and Decisions Violating the Rights and Freedoms of Citizens.”
  • The Post-Soviet Handbook: A Guide to Grassroots Organizations and Internet Resources. Rev. Ed. By M. Holt Ruffin et al. Foreword by S. Frederick Starr. Seattle: University of Washington Press, 1999. Detailed guide to independent, non-governmental organizations in the countries of the former Soviet Union, including Russia.  This text consists of two parts: the first profiles the organizations, while the second lists internet resources in the various countries. Though updated, but useful for historical research. Much material from this book is also available electronically, under NIS Law and Human Rights Organizations by Country, which is listed under the Human Rights section of this paper.
  • Freedom of Assembly (Legislationline): Includes the legislation listed below. Also provides an excerpt from Art. 31 of the Constitution and commentary on the relationship between international law and domestic Russian Federation law regarding freedom of assembly.

o         Federal Law on Assemblies, Meetings, Demonstrations, Processions and Pickets (2004)

o         Code of Administrative Offences: excerpts from Chapt. 20, which deals with Offences encroaching on Public Order and Security.

·         “The Cost of Reputation: Defamation Law and Practice in Russia,” (Article 19: Global Campaign for Free Expression).

 

14. Religion

·         Law on Freedom of Conscience and Religious Associations  (1997, last amended 2004), and Law on Charitable Activities and Organisations (1995, last amended 2004), (Legislationline): These laws are found under the topic ‘Freedom of Association’ on abovementioned site.  Earlier versions of the laws are found on the site cited directly below.

·         International Center for Law and Religion Studies: Provided by Brigham Young University.  Upon entering the site, make sure to select “Russian Federation” from the country portal list. Links to laws, decisions from the Constitutional Court of the Russian Federation, decisions of the European Court of Human Rights, government reports, etc are provided therein.  The site also includes earlier versions of the two laws found on the Legislationline site above: the Law on the Freedom on Conscience and Religious Associations and the Law on Charitable Organizations. The site also provides the Law on Counteracting Extremist Activity (2002).

·         U.S. Commission on International Religious Freedom: Go to Russian Federation by using the listings on the left.  There you will find information from press releases, etc. Also included under “Special Reports”, one may find Challenge to Civil Society: Russia’s Amended Law on Noncommercial Organizations, which examines the impact of the 2006 law on religious organizations.  The site also features Annual Reports.  Look at the Table of Contents to find page information on Russia.

·         Religious Freedom World Report: Russia (2004): From the International Coalition for Religious freedom. 

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

 

15. Citizenship

Citizenship: Russian Federation (Legislationline):  This site gives relevant excerpts from the Constitution and the Law on Citizenship of 2002, as amended 2004.

 

16. Migration

·         Migration: Russian Federation (Legislationline): Includes relevant constitutional provisions, presidential decrees, governmental regulations and these laws:

o         Article 282 Criminal Code;

o         Law on Refugees (1993 as amended 2004);

o         Federal Law on the Legal Position of Foreign Citizens in the Russian Federation

o         Federal Law on Forced Migrants;

o         Law on the Rights of Citizens of the Russian Federation to Freedom of Movement, the Choice of Place to Stay and Residence within the Russian Federation ;

o         Federal Law on the Procedure for Exiting and Entering the Russian Federation;

o         Federal Law on Citizenship (2002 as amended 2004); and,

o         Federal Law on the State Border (1993 as amended 2005).

·         Refworld: Russian Federation (UNHCR): This is a comprehensive site which gives information on cases from courts in other countries as well as the European Court of Human Rights involving Russian matters, legislation, and policy matters regarding refugees. It lists the category “Legal Information,” which can be searched by “type,” i.e. national legislation, case law, treaties, etc.  This site has earlier versions of laws which can be found on the Legislationline site above, including Federal Law 114-FZ on the Procedure for Exit from the Russian Federation and Entering into the Russian Federation of 1996; the Law on the Legal Position of Foreign Citizens in the Russian Federation (2002); and, the  Law on Citizenship (2002).

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

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

 

17. Human Rights

  • Federal Constitutional Law on the Commissioner of Human Rights in the Russian Federation (Ombudsman Information Network). 
  • 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 the status of the ratification of human rights treaties, the relationship between the Russian Federation and UN human rights bodies, etc.
  • NIS Law and Human Rights Organizations by Country: Select "Russia" from country listing.  Published in 1999. Outdated, but useful for historical purposes.  Much of the material is from the print source, The Post-Soviet Handbook: a Guide to Grassroots Organizations and Internet Resources, listed above under Civil Rights.                
  • U.S. Committee for Refugees and Immigrants:  This website provides reports regarding the Russian Federation. Go to “Refugee Conditions: Country” and select “Russia”.
  • Rudinsky, F.M. Civil Human Rights in Russia: Modern Problems of Theory and Practice. New Brunswick, N.J: Transaction Publ., 2008.
  • Gilligan, Emma. Defending Human Rights in Russia: Sergei Kovalyov, Dissident and Human Rights Commissioner, 1969-2004. London; New York: Routledge Curzon, 2004.
  • Human Rights in Russia and Eastern Europe: Essays in Honor of Ger P. van den Berg. Edited by Ferdinand Feldbrugge and William B. Simons. The Hague; New York: M. Nijhoff, 2002.
  • Weiler, Jonathan Daniel. Human Rights in Russia: a Darker Side of Reform. Boulder, Colo.; Lynne Rienner Pub., 2004.
  • Russian Federation, Lessons Not Learned: Human Rights Abuses and HIV/AIDS in the Russian Federation. New York: Human Rights Watch, 2004.
  • Protection of Minority Rights through Bilateral Treaties: the Case of Central and Eastern Europe. Edited by Arie Bloed and Pieter van Dijk. The Hague: Kluwer Law International, 1999. Case studies on effectiveness of bilateral treaties on minority rights in Poland, Hungary and Russia.
  • Sidorenko-Stephenson, Svetalana. Legal Reform and Human Rights in Russia: Key Developments and Actors. Colchester: Human Rights Centre, University of Essex, 1998.
  • Torture in Russia: “This Man-Made Hell”. New York: Amnesty International, 1997.

 

18. Media

  • Media Law (Moscow Media Law and Policy Institute, a regional NGO). The section “Media Law Sources” includes laws, Constitutional Court decisions, governmental decrees, etc. One of the laws is  Law on Mass Media (1991, as last amended Dec. 8, 2003);  this is the Supreme Court decision: Decision of the Plenum of the Supreme Court,  No. 3, of Feb. 24, 2005, “On Judicial Practice at Disposal of Cases on Protection of Honour and Dignity of Persons, and also Business Reputation of Persons and Legal Entities.”
  • Post-Soviet Media Law and Policy Newsletter New York, N.Y: 1993-1999. 10 issues per year.  Published by the Russian-American Press and Information Center, New York University Center for War, Peace, and the News Media and the Howard Squadron Program in Law, Media and Society at Cardozo Law School, Yeshiva University University.
  • Azhgikhina, Nadezhda.  “The Struggle for Press Freedom in Russia: Reflections of a Russian Journalist.” Europe-Asia Studies 59:8 (2007), 1245-1262. 
  • 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)

 

19. Intellectual Property

o  Patent Law

o  Law on Trademarks, Service Marks and Appellations of Origin of Goods

o  Law on the Legal Protection of the Topologies of Integrated Circuits

o  Law on the Legal Protection of Computer Programs and Data Bases

o  Law on Copyright and Related Right

  • Julian Zeligman. Researching Intellectual Property Law in the Russian Federation (LLRX): Helpful Guide to Intellectual Property Law background and sources, as well as useful information on how to research Russian law in general.
  • Intelcom Internet Club: Open Joint Stock Company provides thorough, updated information on legal developments in intellectual property. Registration required to access full text of legislation, but fee seems nominal. Abstracts of texts of legislation are available free.
  • Butler, William E. , introd. and trans. Intellectual Property Law in the Russian Federation: basic legislation. 4th rev. ed.  London: Wildy, Simmonds & Hill, 2005. Comprehensive compilation of translated laws. Introduction provides background on the development of Russian, as opposed to Soviet, intellectual property law.
  • Budylin, Sergey and Yulia Osipova. “Total Upgrade: Intellectual Property Law Reform in Russia.” Columbia Journal of East European Law 1:1 (2007), 1-39.
  • Elst, Michiel and Katlijn Malfliet, eds. Intellectual Property in the Russian Federation: A System in Transition. Brussels: Bruylant, 1994.  Includes many laws dealing with intellectual property, including the Patent Law, Law on Copyright and Neighboring Rights.
  • Elst, Michiel. Copyright, Freedom of Speech, and Cultural Policy in the Russian Federation. Leiden: M. Nijhoff, 2005.
  • Garrison, David, comp. and ed. Intellectual Property: Eastern Europe and Commonwealth of Independent States. Dobbs Ferry,  N.Y: Oceana, 1995-. (Looseleaf)  Revised edition of Intellectual Property in the ex-Soviet Republics, 1992-1995. Includes translation of intellectual property legislation and related laws.

 

20. Telecommunications

  • Telecommunictions Law of Russia: Statutes and Statutory Instruments. Translated by Olga Markova. [London:] Lawcis Research and Consultancy, ltd. 2006.  Contains translation of Law on Communication of July 2003 and selected statutory items implementing it, including ordinances and decrees of the President and government and orders of federal executive authorities. Most of the material has been effective as of 1 August 2006. 

 

21. Arbitration (Private and International)

  • 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:  Information on procedure, costs, documents, and enforcement of awards.
  • The Saint Petersburg International Arbitration Court: Home Page.  Gives background information, sample short form arbitration clause, rules.
  • The Saint Petersburg International Arbitration Court—Rules: Provided by Juris International.
  • Article on “Law of the Russian Federation ‘On International Commercial Arbitration’.”  By Professor E.V. Bruntseva.
  • Tapola, Diana.  “Recent Case Law on the Recognition and Enforcement of Foreign Arbitral Awards in Russia,” Journal of International Arbitration 22:4(2005), 331-350.
  • Tapola, Diana.  “Enforcement Regimes and Grounds for Foreign Judgments and Awards in Russia,” Journal of International Arbitration 25:1 (2008), 151-166.
  • Hober, Kaj. Enforcing Foreign Arbitral Awards against Russian Entities. Huntington, N.Y: Juris Publications, 2002.
  • Rivkin, David W. and Charles Platto, eds. Litigation and Arbitration in Central and Eastern Europe. The Hague; Boston:  Kluwer Law International, 1998.  Contains: “Arbitration in Russia”, by Andrey Gorodissky. Also includes, in Annex IV of book: Law on International Commercial Arbitration of July 7, 1993; Rules of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation; Statute on the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation?
  • Trunk, Alexander & Valerij A. Musin, eds. International Commercial Arbitration and International Maritime Law from a German and Russian Perspective. Munster: LIT, 2004.
  • “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.  Review of Central and East European Law, 22:1 (1996), 33-53.
  • Hans Smit & Vratislav Pechota, eds.  World Arbitration Reporter.  Huntington, N.Y. Juris Pub., 1986-. (Loose-leaf)  Contains background on arbitration in the Russian federation; Law of the Russian Federation on International Commercial Arbitration (of 1993), and citations to judicial and arbitral decisions.

 

22. Property

  • 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.

 

23. Labor

 

24. 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.

 

25. Health

  • Innopharm (Russia-based research organization): Documents section contains legislative and regulatory material on clinical trials, some of which is in English.
  • Butler, William Elliott. Narcotics and HIV/AIDS in Russia: Harm Reduction Policies under Russian Law. London: Wildy, Simmonds & Hill law Publishing, 2005.  Includes selected Russian Federation legislation and U.N. conventions.

 

26. Family

For Family Code, see the Codes section of this paper. 

·         Intercountry Adoption—Russian Federation: Provided by the U.S. Dept. of State. This site summarizes procedures for adopting a child or children from Russia.

·         “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.  Sudebnik 11:2 (2006), 361-362.

·         Antolskaia, Maria V. “The 1995 Russian Family Code: A New Approach to the Regulation of Family Relations.”  Review of Central and East European Law 22:6 (1996), 635-660.

 

27. Environment

  • Ecolex (FAO, IUCN &UNEP): Comprehensive site providing thorough coverage of environmental law. Categories for searching are legislation, cases, treaties and articles. Select country in “Advanced Search” and then choose the desired category. Information is given in abstract form in English, and links to the full texts are mainly in Russian. But sometimes there is a link to the full text in English. (See Forest Code of 2006, listed below).
  • Forest Code of the Russian Federation (2006): From Ecolex.  Go to, “link for full text rus68489E.doc” for download of English-language text.
  • Russia Federal Forest Code of 1997:  From site of Russian NGO "Forest Club".
  • Forest Code of 1997 (from Faolex)
  • FAOLEX (U.N. Food and Agriculture Organization): Database contains national legislation, mainly in abstract form only. Retrieves abstracts of ministerial decrees and orders, laws, treaties, etc. (Full text is usually only in Russian). However, see Forest Code, directly above.

 

28. Criminal Justice

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

  • Burnham, William and Jeffrey Kahn. “Russia’s Criminal Procedure Code Five Years Out,” Review of Central and East European Law 33:1 (2008), 1-93.
  • 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, ed. Robert Sharlet and Ferdinand Feldbrugge, 188-198.  Leiden; Boston: Martinus Nijhoff, 2005.  (Law in Eastern Europe, no. 55).   
  • Death Penalty. Russian Federation (Legislationline): 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.
  • Rodeheaver, Daniel G. and Williams, James L. “Juvenile Crime and Justice in Post-Soviet Russia,” in Ruling Russia: Law, Crime and Justice in a Changing Society, ed. William Alex Pridemore, 225-246.  Lanham, Md.,  Rowman & Littlefield, 2005.
  • Confessions at any Cost. Police Torture in Russia. New York: Human Rights Watch, 1999. Study of pre-trial detention and treatment of accused by Russian police.
  • Human Rights Violations in the Criminal Justice System of Russia: Arrest, Investigation, Pretrial Detention: Documents Collected by the Moscow Center for Prison Reform. Valery Abramkin, compiler and editor, et al. Moscow: The Center, 1994.

 

29. Terrorism and Related Issues

  • Terrorism: Russian Federation (Legislationline): Includes the Federal Constitutional Law “On the State of Emergency” and other laws, as well as a case from the European Court of Human Rights.
  • “Defining Terrorism” Statutes and Decisions 40:5 (2004). The subsequent issue, no. 6, has title “Antiterrorist Laws and Agreements in Russia and the Commonwealth States. 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.
  • Intelligence Related Laws and Decrees (Federation of American Scientists): Some translated laws included are: On the Fight against Terrorism, (1998); On Foreign Intelligence, (1996); On Information, Informatization, and the Protection of Information, (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).

 

30. Military

  • Arbatov, Aleksei Georgievich & 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 Issues

  • Ministry of Foreign Affairs of the Russian Federation: News, some transcripts of speeches, press releases, etc.
  • Permanent Mission of the Russian Federation to the United Nations: Official news, press releases and articles, etc.
  • CIS Treaties and Agreements (theRussiasite): Includes the Agreement on the Establishment of the Commonwealth of Independent States (CIS), and the 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): Law on art which was taken from other countries during World War II and moved to the Soviet Union .
  • Moscow Journal of International Law; experimental digest issue in English.  Contains a selection of articles from the Russian version of the journal, dating from 2000-2001. The table of contents is on p. 9. Scroll down on left for specific pages. The section “Documents,” which begins on p. 231, contains the following:  Shanghai Convention on Combating Terrorism, Separatism and Extremism; Treaty on a Customs Union and a Unified Economic Area; Treaty on the Institution of the Eurasian Economic Community.
  • 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, and Table of Documents of International Organizations.
  • 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.
  • Langstrom, Tarja. Transformation in Russia and International Law. Leiden; Boston: M. Nijhoff Pub., 2003.
  • Butler, William E. Russian Law of Treaties. London: Simmonds & Hill, 1997.  Contains Law On International Treaties and Continuation of Treaties made by the USSR.
  • Ginsburgs, George. From Soviet to Russian International Law: Studies in Continuity and Change. (Law in Eastern Europe, vol. 48).The Hague: Martinus Nijhoff, 1998.
  • Mullerson, Rein, et.al., eds. Constitutional Reform and International Law in Central and Eastern Europe. The Hague: Kluwer Law International, 1997.  Includes following essays: “Reference to International Law in the Decided Cases of the First Russian Constitutional Court” by  J. Henderson; “The First Russian Constitutional Court: Hopes and Aspiration” by J. Henderson; “The Russian Treaty Law and the Vienna Convention on Treaties” by M. Andenas; “The New Federal  Law on International Treaties of the Russian Federation” by S. Pounjine.
  • Clark, Roger, Ferdinand Feldbrugge and Stanislaw Pomorski, eds. International Law in Russia and Eastern Europe: Essays in Honor of George Ginsburgs. 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.  

 

33. Commercial Law & Business Information

 

33.1. Major Web Sites for Commercial/Business Information

  • Doing Business in Russia—Country Commercial Guide: Provided by the U.S. Commercial Service (U.S. Dept. of Commerce) and the U.S. Embassy in Russia. Links to other useful information may also be found there.  
  • American Chamber of Commerce in Russia: The “Doing Business in Russia” section of the site gives information on business regulations and legislation, as well as recent developments in specific areas, such as energy, customs, investment, labor, property rights, and real estate. The “Legislative Updates” section is very useful for tracking developments on pending legislation and sometimes includes the texts of laws, i.e.  the Law on Foreign Investment in Strategic Sectors of April 2008.
  • Embassy of the Russian Federation in Washington, D.C.: This site gives information regarding business activities, including business visas, registration of documents for conducting business activities in Russia, and the legalization, registration, translation and obtaining of documents on demand.
  • Federal Customs Service (Russian Federation): This site provides links to the Customs Code and major legal acts.
  • Federal Financial Markets Service (Russian Federation): This site gives information on investment issues, corporate governance, etc. It includes the Corporate Governance Code.
  • Federal Antimonopoly Service (Russian Federation): This site provides news, policy decisions, etc.  Go to “Legislation” on home page for a listing of several laws offered in translation. 

 

33.2. Guides/Current Awareness Information

  • Doing Business in Russia (from the PriceWaterhouse Coopers): Select “Russia” from country list. At the time of writing, the 2008 version was available.
  • Doing Business in Russia (from the firm of Baker & McKenzie): Accessible in PDF format.
  • Doing Business in Russia (from the firm of ZAO KPMG). 
  • Doing Business in Russia (from the accounting firm of HLB Internationa):  Published in 2003.
  • Russian Federation (from OECD): Statistics, reports, information on specific topics.
  • Ernst and Young. Library. Russia: Select country and topic. This site includes information on development in various areas, including accounting and tax planning, etc.
  • Legal Guide to doing Business in Russia and the Former Republics of the USSR. Edited by Aviva Yakren. Chicago: Sect. Of International Law & Practice, American Bar Association, 2000.
  • Reynolds, Sarah. Handbook on Commercial Dispute Resolution in the Russian Federation: a Guide for Businesses on Navigating the Russian Legal System for Resolution of Business Disputes. Washington, D.C: U.S. Dept. of Commerce. 2000. Gives detailed information on various bodies involved in dispute resolution, stressing especially the important role of arbitrazh courts.  Outlines steps of procedures in filing claims, responding to petitions, filing appeals, etc. Appendices give examples of petitions, responses to petitions, appeal complaint, etc.  Also available in print format.
  • Russia and the EU: Latest business news about Russia and the European Union.
  • Russian Law News: Provided by the firm of LeBoeuf, Lamb, Greene & McRae, L.L.P.  Explanatory articles on legislation affecting business.  Provides useful links to other Russian law sources.
  • BNA’s Eastern European Reporter. Washington, D.C: Bureau of National Affairs,. 1991- (Looseleaf). Bi-monthly.  Provides current coverage of legal aspects of commerce. Short overview of recent Developments. Includes country reports, industry checklist, and highlights. 
  • Terterov, Marat, consultant ed. Doing Business with Russia: A Guide to Investment Opportunities and Business Practice.  Marat Terterov, consultant ed. 3rd [i.e. 4th] ed. London; Sterling, VA.:  GMB Pub., 2005.

 

33.3. Compilations of Laws on Business

More Recent:

  • Butler, William E., comp. and ed. Russian Company and Commercial Legislation. With translations from the Russian and an introduction, by W.E. Butler. Oxford; New York: Oxford University Press, 2003.  Contains principal enactments of civil legislation which are considered by Russian legal doctrine to fall into domain of commercial and company law as of 1 February 2003. Includes legislation on companies, insurance, insolvency, non-commercial organizations, and foreign investment. The Introduction discusses the complex and controversial meanings in the Russian language of the terms “commercial”, “company”, “trade” and “entrepreneurial” law.
  • Ilya, Nikiforov. Commercial Laws of the Russian Federation. Moscow; Philadelphia: Egorov, Puginsky, Afanasiev & Partners, 2006(?). This is a digest, which originally appeared as part of the Digest of Commercial Laws of the World.

 

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.

 

33.4. Treatises/Texts on Commercial Law

  • Oda, Hiroshi. Russian Commercial Law. Leiden; New York: Martinus Nijoff Pub., 2d. ed. 2007.  This is a comprehensive text covering all aspects of commercial law.
  • Dragneva, Rilka, ed.  Investor Protection in the CIS: Legal Reform and Voluntary Harmonization. (Law in Eastern Europe, no. 57). Leiden; Boston: Martinus Nijhoff, 2007.  Although focus is on the CIS as a whole, legislation and legal developments in specific countries, including Russia, are also examined. Go to the index for starting points.
  • 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.
  • Tolonen, Juha and Boris Topornin. Legal Foundations of the Russian Economy. Helsinki: Kikimora Publications, 2000.

 

33.5. Banking

33.6. Bankruptcy

  • “Special Issue: The Theoretical Underpinnings of Commercial Law: A Russian View of Bankruptcy and Securities.” Review of Central and East European Law, 30:2-4 (2005). Contains articles regarding bankruptcy and securities, as well as a translation of the Federal Law of the Russian Federation on Insolvency (Bankruptcy).
  • "Special Issue: Legislation on Bankruptcy in the Russian Federation.” Review of Central and East European Law. 25:1-2 (1999).Contains translations of the laws On Insolvency (Bankruptcy) and On Insolvency of Credit Organizations; also related decrees of the Government and of the Central Bank.

 

33.7. Foreign Investment

  • Federal Laws on Foreign Investment in Strategic Sectors, 57-FZ and 58-FZ (April 29, 2008): From American Chamber of Commerce in Russia.
  • Butler, William E. Russian Foreign Relations and Investment Law. Oxford, New York: Oxford University Press, 2006. Contains the following laws in translation: Law on the Legal Status of Foreign Citizens in the Russian Federation (2002 as amended); Law on the Legal Status on Foreign Investments in the Russian Federation (1999 as amended); Law on Investment Activity in the Russian Federation Effectuated in the Form of Capital Investments (1999 as amended); Law on the Fundamental Principles of State Regulation of Foreign Trade Activity (2003 as amended).
  • Butler, William E. Foreign Investment Law in the Commonwealth of Independent States. London, Simmonds & Hill, 2002. The Introduction gives a background relating to the development of foreign investment   legislation and guidance as to its practical application. The appendix includes translations of legislation.
  • Russian Federation: Progress and Reform Challenges. Paris: Organization for Economic Co-operation and Development, 2004.  Gives legal and regulatory framework for foreign investment, including overview of legislation on investment activity and property rights protection.

 

33.8. Company and Corporation Law (Multiple laws)

  • Federal Antimonopoly Service. Legislation: Comprehensive site which includes many laws, articles, governmental resolutions, etc. regarding market competition.
  • Company Law (Lexadin: Legislation: Russia): Some material found here is taken from the site directly above.

 

33.9. Joint Stock Companies

  • Black, Bernard S.,  Reinier H. Kraakman and Anna S. Tarassova. Guide to the Russian Federal Law on Joint Stock Companies.  The Hague; Boston: Kluwer, 1998.  Appendices include the Model Company Law, Model Charter, and a translation of the Law on Joint Stock Companies, with the Russian version provided on the opposite page of that listing its English counterpart. There is also a very interesting “Translator’s Endnote”, which explains the rationale behind choosing particular translation terminology.
  • Butler, William E., ed. and trans. 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.

 

33.10. Monopoly

See Antimonopoly Service listed under “Company and Corporation Law” above for a comprehensive listing of legislation on this topic.

  • “Legal Reformation: New Institutions and New Principles: The Creation and Regulation of Markets: Demonopolization and Competition.” Statutes and Decisions: The Laws of the USSR and Its Successor States 31:1(1995)- 31:3 (1995). These 3 issues bring together various laws and orders on anti-monopoly policy, including the1992 amended version of the law “On Competition and Limitation of Monopolistic Activity in the Goods Markets”; Presidential edicts; and Decisions of the Arbitration Court dealing with competition and anti-monopoly policy from 1992 to 1995. Issue 31, no.2 focuses on consumer protection, and has different subtitle, “Consumer Protection” instead of “Demonopolization and Competition?

 

33.11. Privatization

  • Russian Federal Property Fund: Background information and news items, mostly announcing forthcoming auctions, from an agency which is responsible for the sale of privatized federal property.  
  • Smit, Hans and Vratislav Pechota, eds.  Privatization in Eastern Europe: Legal, Economic and Social Aspects. Irvington-on-Hudson, N.Y: Transnational Juris; Dordrecht (The Netherlands): Martinus Nijhoff, 1994.  Includes material on privatization in Russia. Annexes include list of privatization laws.
  • Blesi, Joseph R., Maya Kroumova, and Douglas Kruse. Kremlin Capitalism: The Privatization of the Russian Economy. Ithaca, N.Y.: Cornell University Press, 1997.

 

33.12. Securities

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

 

33.13. Tax

For Tax Code, see Codes section of this paper.

  • Tax and Legal Center: From the commercial firm Conseco. Detailed Explanatory Guide on Russian Taxation.
  • Karasseva, Marina. Tax Law in Russia. The Hague; London: Kluwer Law International, 2001.

 

34. News Sources

·         Moscow Times: Coverage includes general news, but with an emphasis on business related matters. Current issue is free. Free archive search, but subscription necessary for stories more than one week old.

·         The St. Petersburg Times: General news, as well as specific areas of interest.  Section on Business useful for coverage of legislation affecting business. By subscription, but free access to ‘Overview of Top Stories.’

·         Current Digest of the Post-Soviet Press. Columbus, OH: Current Digest of the post-Soviet Press, 1992 - present. Weekly (subscription required):  Provides translations of articles, usually in excerpt form, from newspapers in the Russian Federation.  Approximately 6-week gap between original story and Current Digest. Also available in electronic format.

·         Johnson’s Russia List (World Security Institute): Articles selected daily from Russian and English language sources. Edited by David Johnson.

·         Radio Free Europe/Radio Liberty: Russia (Broadcasting Board of Governors): Recent news.

 

35. Further Suggested Readings

  • Smith, Gordon B. and Robert Sharlet, eds. Russia and its Constitution: Promise and Political Reality. 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.
  • Feldbrugge, Ferdinand, ed.  Russia, Europe and the Rule of Law.  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.
  • Pridemore, William Alex, ed. Ruling Russia: Law, Crime and Justice in a Changing Society. Landham, Md. : Rowman & Littlefield, 2005. Contains articles by various authors on various topics, including:  “The Criminal Procedure Code of 2001: Will it Make Russian Justice More Fair?” by Peter H. Solomon, Jr.; “Violence against Women in Russia,” by Janet Elise Johnson.
  • Hober, Kaj. The Impeachment of President Yeltsin. Huntington, N.Y.: Juris, 2004.  Includes selection of legal documents and Duma debate from May 1999 on the attempt to impeach the Russian President.
  • Kahn, Jeffrey. Federalism, Democratization, and the Rule of Law in Russia. Oxford; New York: Oxford University Press, 2002.  Study of the nature of federalism in the Russian Federation. Includes analysis of bilateral treaties.
  • Pascal, Elizabeth. Defining Russian Federalism. Westport, CN: Praeger, 2003.
  • “The Development of Russian Federalism.”  Statutes and Decisions: the Laws of the USSR and Its Successor States 33:6 (1997)-34:6 (1998) These 7 issues include statutes and treaties dealing with the federal aspects of the Russian Federation after the demise of the Soviet Union.  For decisions of the Constitutional Court regarding federalism, see under Constitutional Court in this paper.
  • Remington, Thomas F. The Russian Parliament: institutional evolution in a transitional regime, 1989-1999. New Haven: Yale University Press, 2001.
  • Ginsburgs, George, Donald D. Barry, and William B. Simons, eds. The Revival of Private Law in Central and Eastern Europe: Essays in Honour of Ferdinand J.M. Feldbrugge. Dordrecht: M. Nijhoff, 1996.  Includes articles on Property, Environmental law, Tort, Inheritance, Secured transactions, Lease, and International law of the Russian Federation.              
  • Nysten-Haarala, Soili. Russian Law in Transition: Law and Institutional Change. Helsinki: Kikimora Publications, 2001. Focuses on development of constitutionalism, property and land law, company law.
  • Ahdieh, Robert B. Russia’s Constitutional Revolution: Legal Consciousness and the Transition to Democracy, 1895-1995. University Park: Penna. State Univ. Press, 1997.