Law of Russia
The law of Russia is the sum judicially enforceable social norms in Russia.
- 2.1 Constitutional Law
- 2.2 Tax Law
- 4.1 Family Law
- 4.2 Company law
Legal History
Kievskaya Rus
In the time of Kievan Rus, the Russkaya Pravda is the most important traditional legal collection from the 10th and 11th centuries. It is narrated in the three editors. The first contained only 25 articles Slavic customary law. The second has grown to 159 items: In the wake of the Christianisation influences on Germanic and Byzantine law. Among the rules of criminal law and criminal procedure standards were added over the property and contracts.
With the beginning of Mongol rule in 1328 Russia is separated from the development of law on the European continent. Russia thus remains unaffected by the reception of Roman law and does not participate in the process of turning to the right. There are, apart from the court books from Pskov and Novgorod handed barely legal documents from this phase.
Old Russian law
A codification of the ancient Russian law found in 1649 under the Tsar Alexis Mikhailovich instead. The Sobornoje Uloschenije ( Соборное уложение ) represents an attempt to provide the economic life after the turmoil of the dynasty change back from a firm legal basis. It mainly includes litigation on the basis of the Russian customary law. Criminal law is marked by cruel punishments and the use of torture. In places, influences of Byzantine law are determined, the Roman law has only very occasionally found on the mediation of the law of Lithuania input.
Russian Empire ( 18th and 19th centuries )
Two antagonistic currents determine the law of Russia in the 18th and 19th centuries: the law as a means of repression of an autocratic system and imported from Western Europe ideas of the Enlightenment. A paradigm for understanding the autocratic rule of Peter I, Article XX of the Armed Forces Act ( Воинском Уставе ) of 1716:
" Его Величество есть самовластный монарх, который никому на свете о своих делах ответу дать не должен, но силу и власть имеет свои государства и земли, яко христианский государь, по своей воле и благомнению управлять "
" For his Majesty alone are a powerful monarch who can give anyone on earth by His chores and answer questions, but power and violence have Dero Reich and the States to govern as a Christian potentate according to his own will and discretion. "
Russia knows until 1906, thus no constitutional right which goes beyond mere organizational law. Administrative law - Prussia in the 19th century intended for the protection of liberty and property rights of citizens - is at the same time in Russia the autocratic system tool. The large number and variety of standards in civil law lead to uncertainty and confusion in the law. Serfs lack protection under criminal law.
Between influenced by the Enlightenment reforms emanating from the Tsar himself, and the law in action, there is often an unbridgeable gulf. Both introduced by Peter I. Legal Education, and the Kodifikationsversuche Catherine II fail. The long-term greatest impact have the reforms of Alexander II
Constitutional monarchy
After the lost Russian -Japanese War in 1905, Russia received more than a hundred years after the Western European countries for the first time a constitution. This imperial constitution of the Russian Empire contained for the first time in Russian history, fundamental freedoms (freedom of religion, nulla poena sine lege ) and limited the power of the Tsar. It laid down a legislative procedure, gave the Tsar but nevertheless a far-reaching initiative and veto. In the State Duma representatives of the people could be chosen, the second chamber ( the Imperial Parliament ) was composed of representatives appointed by the Tsar. Max Weber coined for this system the concept of sham.
In the Law for the first time working in Russia legal scholars such as Leon Petrażycki in Western Europe rezipiert.
Soviet law
With the October Revolution the entire tsarist law is almost canceled. The most important decrees of the judiciary are the Decree on the country and the decree of the Court of the RSFSR of 30 November 1918. Under the influence of Marx's idea of the withering away of state and law, the law schools were closed and the newly established People's Courts with lay judges occupied. The idea of a revolutionary legality regarded the law as a political instrument arbitrary and led to the show trials of the 1930s. Notwithstanding the ideological basis later replaced the so-called socialist legality, the ideas of the early Nachrevolutionsjahre. This is understood as a strictly positivist orientation to the written text of the law. In the 1960s, important codifications occur in criminal and civil law in force. In the Law the otherness of the Soviet law over the continental and Anglo-Saxon tradition led to the introduction of a separate, highly insulated socialist legal system.
Post Soviet law
Perestroika also put in jurisprudence numerous reform processes in motion: Gorbachev's idea of a " socialist rule of law " in 1988 led to the rediscovery of the individual as a legal entity that was not only through but also from the State to protect it. Soon, these reform efforts have been overtaken by the centrifugal forces of the secessionist tendencies of individual Soviet republics. Soviet law existed in the new republics soon only subsidiary. The adoption of the Constitution of 12 December 1993, for the Russian Federation ( Российская Федерация, transkr Rossiyskaya Federazija -. , Russian Federation shall ') of the most important turning point in the development of law.
The new legal system had to be completely rebuilt within a short time. Sometimes you can handle this, back to its own traditions of pre-revolutionary, a significant portion was nevertheless a legal transfer from other states and model solutions of the UN and the EU. In addition to these legal imports came a large number of measure laws that led to great legal uncertainty by contradictions and overlaps. After an initial period of consolidation of the millennium brought with it reforms again; the influence of foreign law resigned in favor of a separate Russian way: In Staatsorganisationsrecht a guided democracy system called sat ( управляемая uprawljajemaja demokratija демократия, transkr. ) by. Controversial legislation projects such as the Criminal Procedure Law and the Land Code came into force. Since Russia is a signatory to the European Convention on Human Rights since 1998, has a number of proceedings before the ECHR ( in 2009 alone were over 23,000 complaints of Russian citizens pending ) influences the legal system.