Gavin Howe
Russia is a civil law country, meaning that legislative acts are the sources of law and take precedence over court decisions. In contrast, common law systems, which developed in England, give precedence to judicial decisions in shaping future legal interpretations. Russia's civil law system is underpinned by its constitution, which was adopted in 1993 and sets out the fundamentals of government, including the rule of law, ideological neutrality, political pluralism, competitive elections, and a separation of powers. While Russia's constitution establishes a semi-presidential system, some academics describe the system as presidential or even super presidential due to the strong and central position of the president.
| Characteristics | Values |
|---|---|
| Type of legal system | Civil law |
| Binding nature of court decisions | Court decisions are not binding on other courts, but lower courts generally follow the principles established by the supreme courts |
| Nature of the legal system | Secular |
| Primary source of laws | Constitution of the Russian Federation |
| Other sources of laws | Statutes, like the Russian Civil Code and the Russian Criminal Code |
| Nature of the Constitution | Supreme law throughout the territory of the Russian Federation and is self-executing |
| Constitutional amendments | Amendments are rare. The most significant amendment was made in 2008, increasing the term of office for the President of the Russian Federation from four to six years. |
| Judicial independence | The Constitution states that the judicial branch is independent of the legislative and executive branches. |
| Usage of precedent | No usage of precedent. |
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What You'll Learn
Russia is a civil law country
The Russian judicial system is highly sophisticated, but there have been challenges in establishing an independent judicial branch, despite reforms in the early 1990s. The legacy of the Soviet Union, where the judiciary was part of the law enforcement system, still influences the country's legal framework. The Constitution of Russia stipulates that the judicial branch is independent of the legislative and executive branches. However, the strong and central position of the President in the semi-presidential system can impact the implementation of constitutional amendments.
In Russia's civil law system, court decisions are not considered binding on other courts, although lower courts generally follow the principles established by the supreme courts. While the Russian Supreme Court cannot issue general "explanations" of substantive law and procedural issues without a relevant "case or controversy," the precedents of higher courts are becoming influential in Russian law. This is evident in Article 308.8 of the Code of Procedure in Commercial Courts, where the Supreme Court can set aside a lower court's decision if it contravenes uniformity in the interpretation of the law as established by case law.
The Russian legal system has a unique history that shapes its current framework. During the Tsarist period, local customary law prevailed over the Civil Code in volost courts, and this tradition persisted during the Soviet period with 'comrade courts' and people's courts.' The Russian Federation, as an independent state, now has a secular legal system, ensuring that no religious law is applied.
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Court decisions are not binding
Russia is a civil law country, meaning that legislative acts are the sources of law and are given primary importance, while court decisions are not considered sources of law. In other words, court decisions are not binding. This is in contrast to common law systems, where court decisions are considered binding precedent.
In common law systems, the doctrine of stare decisis, or precedent, developed to create a uniform system of law throughout the country. Under this doctrine, a judge is bound to follow the decision of an earlier judge if the facts of the two cases are similar. This means that the earlier judge's interpretation of the law and the principles applied become binding on future cases with similar facts.
However, in civil law systems like Russia, there is no usage of stare decisis or precedent. This means that each case is decided independently, and courts are not bound by past decisions, even those of higher courts. While in practice, lower Russian courts generally follow the principles established by the supreme courts, they are not technically bound to do so.
The lack of binding precedent in civil law systems can lead to challenges, such as the constant need to amend civil law codes to keep up with societal changes. Additionally, without binding precedent, different chambers deciding an appeal may come to different, even contradictory, conclusions, even within the same session.
Despite not being technically binding, court decisions in Russia are not without influence. The opinions of judges and legal scholars are published and used as persuasive authority, and the Supreme Court can set aside a lower court's decision if it contravenes uniformity in the interpretation of the law as established by case law.
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The Constitution is supreme law
Russia is a civil law country, meaning that legislative acts are the sources of law and take precedence over court decisions, which are not considered sources of law. In contrast, common law systems, such as the one that developed in England, are characterized by the use of judges' decisions in cases as the primary source of law.
The Constitution of the Russian Federation, adopted in 1993, is the fundamental statement of laws in the country and is considered the supreme law of the land. It establishes Russia as a democratic, federal, rule-based republic with a semi-presidential system that guarantees human rights and freedoms, free elections, political and ideological pluralism, and judicial independence. The Constitution stipulates that the judicial branch is independent of the legislative and executive branches, and courts are guided by it, with federal and local laws taking a back seat.
Article 15 of the Constitution emphasizes its supreme legal force and applicability throughout the Russian Federation. Amendments to the Constitution have been rare, with the most significant one occurring in 2008, extending the presidential term from four to six years. The Constitution also plays a crucial role in the judiciary, where it outlines the crimes that may be tried by a jury and guarantees the right to a jury trial in cases that may result in a death sentence.
The Russian legal system's civil law nature is further reflected in its code-based structure, resembling that of Western European civil law countries. While court decisions are not binding on other courts, lower courts generally follow the principles established by the supreme courts. The absence of a consistent legal principle of stare decisis, as seen in common law systems, means that each case may result in varying conclusions, even within the same session. However, in practice, the precedents of higher courts are gaining importance in Russian law.
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The President's role in the judiciary
Russia is a civil law country, which means that legislative acts are the primary sources of law, while court decisions are not considered sources of law. The Constitution of the Russian Federation is the supreme law of the land, proclaiming a semi-presidential system with strong executive power and increased independence for the president.
The President of Russia is the head of state and has a central and strong position in the country's political system. The President has the power to appoint the Prime Minister with the parliament's approval and issue legally binding by-laws. The 2020 amendments to the Constitution further expanded the President's authority over the judiciary, granting them the right to propose the removal of judges, nominate leadership throughout the courts, appoint the Prosecutor General and their deputies, and request constitutional reviews of draft legislation.
The judiciary in Russia is defined by a hierarchical structure, with the Constitutional Court and the Supreme Court at the apex. The district courts are the primary criminal trial courts, while the regional courts serve as the primary appellate courts. The judiciary interprets and applies Russian law, guided by the Constitution, which stipulates that the judicial branch is independent of the legislative and executive branches.
The President plays a significant role in the judiciary by appointing judges to the Constitutional and Supreme Courts, usually upon the recommendation of the Chief Justice, with the approval of the Council of the Federation (the upper chamber of parliament). The President also has the power to appoint the Prosecutor General, who is the most powerful component of the Russian judicial system.
While the judiciary is intended to be independent, there have been allegations of executive interference and attempts to undermine its independence. Critics have accused the Kremlin and the presidential executive office of using the judiciary as a tool to target critics, stifle dissent, and advance their political interests. There have also been reports of corruption, juror intimidation, and systematic trial delays.
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The influence of the Soviet Union
Russia is a civil law country, which means that legislative acts are the primary source of law, while court decisions are not considered sources of law. This is in contrast to common law systems, where court decisions are considered binding precedents.
The Soviet Union, formed after the October Revolution of 1917, established a socialist legal system that formally repealed all Tsarist legislation. This system was based on Marxism-Leninism, which viewed law as a superstructure in society. The judiciary was subordinated to the Supreme Soviet, and the courts were considered agencies of the government. Vladimir Lenin stated that the purpose of the socialist courts was "not to eliminate terror ... but to substantiate it and legitimize it in principle".
The Soviet legal system significantly curbed the rule of law, civil liberties, protection of law, and guarantees of property, which were dismissed as "bourgeois morality". Crime was defined broadly as any action that threatened the Soviet state and society, and "profiteering" could be punishable by death as a counter-revolutionary activity. Soviet Civil Code allowed for the deportation of millions of peasants and 'Kulaks' in the early 1930s.
During trials, judges had the responsibility of educating the people and revealing the causes of crime. Most hearings were open to the public, but some were held privately if deemed necessary by the government. The Soviet Union did not sign the Universal Declaration of Human Rights, considering it "overly juridical", but later signed other human rights documents such as the International Covenant on Civil and Political Rights.
After the dissolution of the Soviet Union in 1991, the Russian Federation emerged as an independent state. Its constitution, adopted in 1993, established a semi-presidential system with strong executive powers for the president and guarantees of fundamental human rights. While the Russian legal system today is influenced by its Soviet past, it has also incorporated universal principles and international treaties into its laws.
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Frequently asked questions
No, Russia is a civil law country.
The primary source of law in Russia is the Constitution of the Russian Federation, which was adopted in 1993.
Common law and equity are systems of law whose sources are the decisions made in cases by judges. Civil law, on the other hand, is a code-based legal system where the sources of law are legislative acts.
While the Constitution of Russia states that the judiciary is independent of the legislative and executive branches, there are still impediments to the establishment of a fully independent judicial branch.
According to Article 15 of the Constitution, it has "supreme legal force" and is directly applicable throughout the entire territory of the Russian Federation.
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