Russian Early Modern Criminal Procedure and Culture of Appeal
This article explores early modern criminal procedure and the emergence of a culture of appeal in the Russian system of criminal justice. It raises several important questions: Why did the appeal procedure not function as an ultimate guarantee of justice? How did Russian procedural law make appeals nothing more than the last stop on an ‘assembly line’, as a confirmation of a verdict rather than another court instance? How was criminal procedure connected with the political regime and a broader understanding of justice in early modern Russia? And what was then the ultimate goal of appeals that encouraged litigants to proceed with their cases to the highest court authorities? The author argues that Russia developed a so-called ‘appeal culture’, i.e., a situation in which individuals were willing to proceed with an appeal despite the quality of judicial decisions. Coupled with selective justice and a subjective understanding of fair trial, the appeal became one of the main means of acquiring a desirable verdict or, at least, of preventing an adversary from receiving such a verdict.
The Commentary deals with the German legislation on the legal assistance in criminal matters as well as some other states.
The chapter gives an overview of the development of early modern Russian law. During this period, Russian law was undergoing a definite modernization which intensified in the seventeenth and, particularly, in the eighteenth century. The law became more rational, predictable and efficient. Russia actively engaged in codification and systematization of law, and that led to the more regular application of procedure and better lawyering. Russian law quickly adapted to the social, economic and political challenges, as it was under constant revision. Legal rules became more uniform and unvarying in their application. The Russian legal system grew to be hierarchical and bureaucratic, staffed by professionals via either practice or education. Due to these changes, the legal reforms of the nineteenth century allowed the Russian Empire to become a Rechtsstaat, although it was widely criticized and often even denied by contemporaries and scholars.
The judicial statistics on criminal trial by the courts concludes about trace amount of absolutory sentences in modern Russia (0,8 %). The constitutional principle of doing justice by the citizens (for example: jury) is not getting development , but conversely is limiting by the «cutbacks» of the competence of the jury. The article presents a brief retrospective of development of jury trials in Russia , as well as reflect the participation in the establishment and development of jury at the present stage by the authoritative lawyer – S.A. Pashin. Author marked the most pressing problems of functioning of the jury in connection with the implementation the appellate from 1 January 2013. Article aims to acquaint readers with the participation of Personality - S.A. Pashin, in the establishment and development of jury which, need development in the future.
The author of the article on the basis of analysis of examples from judicial practice tries to draw the readers’ attention to the problems related to a new type of judicial proceeding — «On Special Procedure of Taking Judicial Decision in Conclusion of Prejudicial Agreement of Cooperation» (Chapter 40(1 of the Criminal Procedure Code) and proposes to evaluate the consequences of decision taken by the judge in the part of punishment for participants of procedure.
The article gives examples of the newest investigative-judicial practice. The analysis of such practice will allow to make a conclusion that definite algorithm of application of articles 108–109 of the Criminal Procedure Code of the Russian Federation taking into account the requirements of Chapter 40-1 of the Criminal Procedure Code has not been worked out so far.
The numerous verdicts on the cases with pre-judicial agreements on cooperation have entered into force. The analysis of these documents allows: firstly to reveal problems inherent for the new type of judicial proceeding, secondly, evaluate the consequences of application of chapter 40-1 of the Criminal Procedure Code of the RF for participants of the procedure. The reader is presented with four articles which analyze judicial practice.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/