Kara Sears
Russia is considered a civil law country, with a judicial system that operates separately from other European civil law systems. The country's legal system is code-based, with the Constitution of the Russian Federation as its primary source of law. The Russian Civil Code, which came into force in four parts, is the prime source of civil law, and unlike most European civil codes, does not cover family law. The country's legal tradition developed uniquely during the early formation of civil law in Europe, with influences from Roman Law and Byzantine tradition, as well as German and Dutch norms in the 18th and 19th centuries.
| Characteristics | Values |
|---|---|
| Type of law system | Civil law |
| Primary source of laws | Constitution of the Russian Federation |
| Other sources of law | Federal constitutional laws, federal laws, presidential decrees, government resolutions and orders, legal acts of authorized state bodies, regional laws and regulations |
| Court structure | Federal and regional |
| Number of 'subjects' on the federal level | 85 |
| Number of federal republics | 21 |
| Court structure | 9 chambers: plenum, presidium, appeals, administrative, civil, criminal, economic, military, discipline |
| Court decisions | Not binding on other courts, but lower courts generally follow principles established by supreme courts |
| Court appeals | Allowed |
| Legal dualism | Yes |
| Legal treatises or commentary | Not considered a separate source of law |
| International law | Part of Russian domestic legal system |
| Domestic law vs international law | Domestic law gives way to international law |
| Court with authority to rule on constitutionality of laws or legal acts | Constitutional Court |
| Legal branches that could be considered a mix of civil law and common law | Civil procedural law |
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What You'll Learn
Russia's legal system is a civil law system
The primary source of Russian law is the Constitution of the Russian Federation, which was adopted in 1993 and establishes a semi-presidential system. The Constitution sets out the fundamentals of government, proclaiming the rule of law, ideological neutrality, political pluralism, competitive elections, and a separation of powers. It also guarantees fundamental human rights to the Russian people and includes a comprehensive list of citizens' rights that cannot be changed without convening a constitutional assembly.
The Russian civil law system is code-based, with the Constitution as the highest authority, followed by federal constitutional laws, federal laws, presidential decrees, government resolutions, legal acts of authorized state bodies, and regional laws and regulations. The Russian Civil Code is a crucial component of the civil law system, though it notably does not cover family law, which is addressed in a separate code.
The Russian court system has two administrative levels: federal and regional. The Supreme Court of the Russian Federation plays a significant role in the legal system. It has the authority to determine the constitutionality of regulations issued by government agencies and ensure compliance with the Constitution. The Supreme Court can also set aside decisions of lower courts if they contravene uniformity in the interpretation of the law, and it advises lower courts on legislative interpretation.
While Russia's civil law system shares similarities with other European civil law systems, it also exhibits unique features. Historically, Russia recognized non-Civil Code-based legal orders, and its institutional framework for administering justice, including the role of the procuracy, sets it apart from other civil law countries.
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The Constitution is the fundamental statement of Russian law
Russia is considered a civil law country, and its Constitution is the fundamental statement of Russian law. The Constitution of the Russian Federation was adopted by national referendum on 12 December 1993 and enacted on 25 December 1993, the same day it was officially published. The Constitution sets out the fundamentals of government, proclaiming the rule of law, the ideological neutrality of the state, political pluralism, competitive elections, and a separation of powers. It guarantees fundamental human rights to the Russian people and establishes a semi-presidential system that encompasses strong executive power and increased independence for the president.
The Constitution provides for a "strong presidency", with the president holding the title of "Supreme Commander-in-Chief of the Armed Forces of the Russian Federation" and the power to dissolve the State Duma. The Constitution also specifies the method of election, including a secret ballot, and details the powers, responsibilities, and limitations of the presidency. The Constitution is divided into two sections, and it replaced the previous Soviet-era Constitution of 12 April 1978.
The Constitution can be updated through a special act, which requires adoption by the parliament and ratification by the legislative bodies of the constituent entities of the Federation. Amendments to the Constitution may also be made, as was done in 2020, when changes were made to various sections, including presidential terms, social policies, and the role of Russian law over international laws. These amendments touched on approximately 60% of the Constitution, leading to a more jumbled and disjointed presentation of Russia's highest law.
The Russian legal system has a unique institutional framework that includes the important role of the procuracy, which is responsible for judicial oversight and the prosecution of crimes. The Supreme Court of the Russian Federation has jurisdiction to determine the constitutionality of regulations issued by government agencies, and it can set aside decisions of lower courts if they contravene uniformity in interpretation of the law. While Russia is considered a civil law country, some legal branches could be considered a mix of civil law and common law.
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The influence of Roman and Byzantine law
Russia's legal system is influenced by various factors, including its historical context, cultural exchange, and the adoption of specific legal codes. The influence of Roman and Byzantine law on Russia is particularly significant and has shaped the country's legal traditions and political ideology.
Roman law has had a lasting impact on legal systems worldwide, and Russia is no exception. After the fall of the Western Roman Empire, the Eastern provinces, known as the Byzantine Empire, continued to carry the traditions of Rome. Byzantine law was a continuation and interpretation of Roman law, with increased Hellenistic and Orthodox Christian influences. The most important work of Byzantine law, the Ecloga, was issued by Leo III and became influential in Slavic legal traditions, including Russia.
The early Rus rulers adopted Byzantine law codes, replacing traditional ones, which enhanced their power over their subjects. The Farmer's Law, for example, had a seminal influence on Slavic legal traditions, including Russia. Additionally, during the 18th and 19th centuries, as Russia increased its contact with the West, Justinian's Code, a revision of old Roman law, was studied and further influenced Russian legal thought.
The Byzantine Empire, also known as the Eastern Roman Empire, served as a model for Russia in other ways. The idea of Moscow as the "Third Rome" emerged, asserting Moscow as the successor to ancient Rome and the carrier of its legacy. This concept, formulated in the 15th and 16th centuries, was linked to the adoption of the title "Tsar" by Russian rulers, derived from "Caesar". The conversion of Grand Prince Vladimir to Christianity further reinforced this connection, as it brought the Eastern Orthodox Church and its theology, rites, and government style to Russia, influencing the development of Russian national identity.
In summary, the influence of Roman and Byzantine law on Russia is evident in the adoption of specific legal codes and the broader impact on Russia's political and cultural identity. The interplay between these legal traditions and Russia's unique historical context has contributed to the development of Russia's legal system and society as a whole.
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The role of the Supreme Court
Russia is a civil law country, and its legal system has a long and complex history. The country's civil law system descended from Roman Law through Byzantine tradition, with influences from German and Dutch norms in the 18th and 19th centuries. The Russian Federation's primary source of laws is the Constitution of the Russian Federation, which was adopted in 1993.
The Supreme Court of the Russian Federation is the highest court in the country, supervising inferior courts of general jurisdiction. It has original jurisdiction in certain cases, including challenging acts of the Federal Assembly, decrees of the President and Government, and delegated legislation of government agencies. The Supreme Court also hears cases on appeal and cassation, and has the power to set aside decisions of lower courts if they contravene uniformity in interpretation of the law.
The Supreme Court plays a crucial role in interpreting and applying the law of Russia. It consists of 115 members and nine chambers: Plenum, Presidium, Appeals, Administrative, Civil, Criminal, Economic, Military, and Discipline. The Plenum ensures the harmonization of court practice by issuing clarifications on the interpretation and application of the law. The Presidium, on the other hand, supervises the Russian judiciary, analyzes judicial statistics, and advises lower courts on legislative interpretation.
The Supreme Court holds plenary sessions at least once every four months, where all judges and the Prosecutor General of Russia must be present. During these sessions, the Supreme Court reviews the decisions of lower courts and adopts resolutions to provide recommendations on the interpretation of legal provisions for uniform application across the judiciary. The Supreme Court also has the authority to determine the constitutionality of regulations issued by government agencies, ensuring that lower courts apply the Constitution in cases of conflict.
The Judicial Department of the Supreme Court is responsible for the administration of the courts, including the selection and training of judicial candidates, working with law institutes, and overseeing the qualifications of judges and other court officers. It supports the independence of the judicial branch and collaborates with the Council of Judges and the Higher Judges' Qualifications Board in the appointment, promotion, and dismissal of judges.
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The Soviet Union's impact on Russia's legal system
Russia is a civil law country. However, its legal system has been influenced by its time as a part of the Soviet Union.
The Soviet Union's legal system was established in 1917, following the October Revolution and the communist seizure of power. The judiciary was subordinated to the Supreme Soviet of the Soviet Union, and all Tsarist legislation was repealed, establishing a socialist legal system. This system abolished Western legal concepts such as the rule of law, civil liberties, and the protection of law and guarantees of property. The Soviet Union also signed legally binding human rights documents, but these were neither widely known nor accessible to people living under Communist rule.
The Soviet legal system changed significantly during its over 70 years of development. It revived certain features of earlier Tsarist law, such as the institution of the procuracy, which was responsible for ensuring the enforcement of laws and regulations and reporting directly to the party leadership. It also shared key elements with the law of other dictatorships, such as public ownership of the means of production and subordination of the legal system to the Communist Party.
During the 1920s, Soviet communist leader Vladimir Lenin introduced the New Economic Policy, which included a civil code based on Western European civil law. This code allowed the formation of business entities and protected basic contract and property rights. However, this policy was ended when Joseph Stalin became leader and asserted total central control over the economy.
In the 1960s, there were further reforms to the Soviet legal system, including the introduction of a new criminal code and the restoration and development of several democratic principles.
Following the fall of the Soviet Union, Russia adopted a new constitution in 1993, which is considered the supreme law of the land. The Russian legal system is now classified as a civil law system, although some scholars argue that it is a mix of civil law and common law. The Russian Civil Code, which came into force in four parts between 1995 and 2002, is the prime source of civil law in the country. It is influenced by Roman Law, Byzantine tradition, and Continental European Law.
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Frequently asked questions
No, Russia is a civil law country.
The Constitution of the Russian Federation, which was adopted in 1993, is the primary source of Russian law.
In descending order of authority, the main sources of law in Russia are the Constitution, federal constitutional laws, federal laws, presidential decrees, government resolutions and orders, legal acts of authorized state bodies, and regional laws and regulations.
The Civil Code of the Russian Federation is the prime source of civil law in the country. It came into force in four parts, with the first enacted in 1995, the second in 1996, the third in 2002, and the fourth at an unspecified date.
