14 Jun 2022

469

Russian Legal and Judicial System

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Academic level: Ph.D.

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The Russian Federation is a country that covers an area extending from northern Asia to the eastern part of Europe. The country covers an area of around 6.6 million square miles becoming the largest country in terms of size. Due to its expanded size, Russia has 11 time zones and neighbors 16 countries on its borders. The country’s vast land occupies an eighth of the total occupied area of the earth. Russia has around 146 million inhabitants and thus becoming the 9 th most populous country in the world and occupying the first position in Europe. Moscow forms the largest urban center and the capital city of Russia (Goldin, 2019) . The country became independent in 1991 after the collapse of the Soviet Union where many other nations disintegrated to become sovereign states. Russia contains different landforms and environments ranging from tundra and forests to deserts. Other distinctive features in Russia include having the Volga as Europe’s longest river to Lake Baikal which is the deepest in the world.

The largest part of the population is ethnic Russian while the rest of the inhabitants form 120 different groups. The largest part of the population lives in the western part of the country near Moscow and Saint Petersburg. However, there is a considerable population occupying the eastern part of the country majorly in cities like Irkutsk and Vladivostok. Russia has an extreme climate with its temperatures falling to the lowest points in the world. Those temperatures make most parts of the country inhabitable, especially in the northern and eastern regions. Russia's major source of wealth is the abundance of natural resources with the country boasting of high production of gas, precious metals, and oil. The country also has large agricultural areas with their main product being wheat. Despite the abundance of natural resources, the wealth does not translate to the wellbeing of the general public with few individuals controlling a large part of the economy.

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The Russian economy is a combination of both upper middle income and transition level. The major source of the country’s wealth is the vast natural resources like gas and oil making Russia the 11 th largest economy in the world and occupying position 5 in Europe. Russia has for the most of the 20 th Century practiced communism where the government controls all aspects of life. This system led to the slowed economic growth with the country trailing the western world. However, the abundance of its natural resources made Russia make significant economic progress in terms of infrastructural development (Desai, 2020) . The country expanded its railway system, mining, heavy engineering, and increased energy supply. During the Soviet Union rule, the country saw a decline in production processes as the country was experiencing industrial inefficiencies. After the Soviet Union's collapse, the Russian government started adopting some of the capitalist principles which it saw as fundamental in the rapid development of the western world. The government reduced its hold on private entities.

Russian Issue with Foreigners Working in the Country

Despite the Russian government’s recent embrace of foreign trade, the international community has continued to blame the country for being unfriendly to people and entities from other countries. International watchdogs like the United Nations and Transparency International have blamed Russia for violating the rights of foreigners working in the country. Being a former communist state, the Russian government still has a significant influence on the economic and social fabric of its people. This political arrangement means that the government has excess powers over the lives of private individuals or entities. The government requires that any foreign business that operates in the country disclose vital information like the shareholding structure, undergo certain inspection and pressure to hire and manufacture in Russia. Therefore, the international community sees this as an infringement of fundamental rights which guarantees human beings to practice a certain privacy level. However, the Russian government justifies its actions by claiming that allowing private businesses especially foreign ones to operate without such regulations threatens the country’s national security. The Russian government has also blamed foreign companies for working with their home authorities and agencies to acquire vital information on the country and its people. There are various regulations foreigners must adhere to while residing in Russia. First, a foreign must not attend any political gathering and failure to follow this regulation can lead one to incarceration, jailing, or deportation. Therefore, a foreigner must desist from activities that suggest certain political leaning while in Russia. Secondly, there are strict regulations on religion and thus the government closely monitors churches and mosques within the country.

Russian Relationship with the United States 

China and the United States form one of the most complicated relationships in the world. Their ties have been transitioning from conflicts to friendship and sometimes vice versa. Different forms of governance, economic approaches, and cultures have significantly contributed to the conflicts between the two countries. First, the two countries have had different political systems with the former Soviet Union practicing communism while the United States adopting capitalism. This difference emerged during the Cold War and almost led the two nations to war with each other. The Soviet political system advocated for more government control on almost all aspects of life. On the other hand, the American system recognized the fundamental rights of every citizen, and thus any person is at liberty to explore more personal opportunities. The second source of conflicts between Russia and the United States is the difference in their economic approaches. Russia advocates for more government control on the business world while the United States gives private entities expanded liberty to explore their maximum potential.

Russia has relaxed some of its restrictions towards the United States and other western countries in recent years. First, the Russian government has recognized the need to give the business world more freedom as a way of spurring its economy like that of the United States. This action has led American to invest in Russia as a significant market. Secondly, Russia has realized the need to improve its bilateral engagement with the United States as one of its economic boosters. This decision has led to the United States easing its restrictions on Russia and its government official. However, there are still some issues that continue to strain the Russian relationship with the United States (Borov et al., 2018) . First, the United States has blamed Russia for infringing the independence of Ukraine by annexing Crimea in 2014. The American government and other western countries see those actions as an open provocation and hence a rise in animosity. The Obama administration put sanctions on senior government officials while suspending Russia from G8. Secondly, the United States blames President Vladimir Putin's government for manipulating the electoral system to unfairly cling to power. Putin has also crashed opposition in Russia by jailing and persecuting people averse to his rule.

Government Structure

The Russian government has the sole responsibility of exercising executive powers within the country. The president and the prime minister hold top positions in the executive arm assisted by ministers. However, Russia amended its constitution in 1996 to allow the president to head the executive and thus has the power to appoint the prime minister and other members of the cabinet (KODANEVA, 2020) . The Russian government undertakes various duties like drafting and submitting the national budget to the parliament also referred to as Duma, taking actions meant to safeguard the constitution and appointing judges to oversee judicial processes.

The Russian judicial system is supposed to be independent while executing its duties. Russia made its constitution by blending civil, socialist, and traditional laws and thus having every aspect of its citizens applied. However, the executive branch and the state Duma have significant influence in the judicial system by formulating rules that govern how people live and relate with each other (Ryabtseva, 2019) . This structure explains why the executive holds much influence over the judicial system and how justice is served. It also means that the executive has the final say on how justice is dispensed depending on the nature of the crime one has committed. Manipulation of the electoral process and the crackdown against opposition figures have made it difficult for one to get justice in Russia. This has led many human rights activists to advocate for constitutional change and an increase in judicial independence.

The Russian judicial system is an independent arm of government responsible for the interpretation of the law and administering justice within the country. It dispenses justice in four forms namely the administrative, civil, constitutional, and criminal procedures. Specific judges handle each of those forms and ensure that ruling is made within a certain time and context. The Russian judicial system consists of the supreme, constitutional, and federal courts which handle cases depending on their specific nature and jurisdiction (Sirotyuk, 2018) . Different authorities appoint judges for various judicial levels with the president, directly and indirectly, influencing this exercise. For instance, the president nominates and submits to the upper parliament the list of applicants for various posts in the constitutional and the Supreme Court. However, the president directly appoints judges and magistrates to serve various federal courts. For this reason, many activists have advocated for constitutional changes to reduce the powers and influence the president has on the judicial system.

Spying and Espionage in Russia 

Being an Information Technology (IT) expert, I was able to get into the Russian government’s servers and extract information on the disappearance of a certain journalist. This case was hidden from the public for a long time and it was my chance to show the world what the Russian government had done. I hurriedly put the data on a hard disk and contacted the manager of a media company I was working for back in the United States. He promised to send me an agent working in the American Embassy in Moscow to pick the hard disk and ensure its safe transfer to New York City. Unbeknown to me, there was a Russian national who overheard my conversation with the manager back in the United States. The stranger quickly contacted the Russian law enforcement agency about an American making questionable contacts. The Federal Security Service of Russian or FSB secretly put me on surveillance by tracking my movements and tapping my communication channels. They luckily managed to overhear my conversation with my manager and an agent from the American embassy. We selected Thursday as the ideal day and one of Moscow’s downtown hotels to be an ideal place to meet so that I can hand him the hard disk. FSB agents arrested me the day before taking the hard disk to the American agent. The law enforcement agents informed me that I had violated Russian’s National Intelligence Law which prohibits the transfer of vital information to a foreign country. They claimed that such activity threatens the existence of the Russian government and also compromises the security of its people. The law also states that every person in Russia has the responsibility of upholding state security.

The Russian law enforcement agents detain an individual for a certain period depending on the crime committed. The detention period can vary from a day to several months depending on the nature of the crime (Klyuchnikov, 2015) . The detention of foreigners in Russia has little difference from that of its nationals. However, there are few procedures the Russian authority must follow while detaining a foreigner. First, law enforcement agents must investigate foreigners’ origin and their mission in the country. They then evaluate the relationship the country has with Russia before notifying the embassy about the arrest. Secondly, the authority confiscates the passport and other documents that might assist a person to escape.

The judicial process for espionage in Russia involves presenting the suspect to the court of law where government prosecutors provide the evidence they have gathered from the investigation. For my case, the hard disk police confiscated will form the primary evidence. The case might become complicated and the sentence harsh as espionage is a capital crime (Gnedova, 2018) . The crime may carry a long sentence and thus the need to have a strong defense to counter this prosecution. The strained relationship between Russia and the United States complicates the case as each country views the other with a lot of suspicions. However, the state is significantly involved with crimes touching national security and thus many restrictions on the defense one can arrange. Therefore, it is difficult to escape detention in China as a foreigner convicted of espionage and spying. Therefore, I will depend on local lawyers and activists who see my conviction as violating human rights.

Russian Criminal Justice System Analysis 

The Russian Constitution states that the judicial arm of the government shall act independently from other branches. However, the executive and the Duma play a critical role in formulating laws that govern the country. This system provides a channel for the president who also has significant control over the legislature to manipulate judicial processes. The executive’s control of the judicial system shows how justice dispensation in Russia becomes a difficult process. Therefore, courts significantly depend on the president’s decisions to make various rulings. The relationship between Russia and the country of origin plays a critical role in determining the sentencing of the foreign suspect. In many instances, Russia institutes harsh punishment on foreigners from the western world caught spying within the country. Russian government sees this crime as compromising its national security by granting enemies an intelligence advantage.

The Russian judicial processes greatly violate foreigners’ human rights by preventing a fair trial and representation. First, during my surveillance, law enforcement agents violated the right to privacy by wiretapping my conversation with different people in and outside Russia. They did this without the court’s authorization. This confirms human rights activists claim that the Russian government infringes on personal liberty. Secondly, during my arrest, police forcefully entered my premises in search of more implicating evidence without a warrant and thus interfering with my privacy and that of my roommate. This is one of the many instances where government agencies unlawfully interfere with private property. The third case of human rights violation occurred during my detention as the police held me for long without presentation to the court of law. They took this long to wait on the security minister’s deliberation on the case. Lastly, the court prevented me from getting my representation and thus a likelihood of unfair judgment. Various biblical concepts advocate for justice for all people irrespective of their origin and crime. The bible claim that justice is one of the major foundations for any authority without which a government loses legitimacy. For instance, Psalms 89: 14 claims that righteousness and justice are pillars to any throne.

References 

Borov, A., Dzamikhov, K., & Mamsirov, K. (2018). Regional Experience of Political Transformations in Modern History of Russia: Kabardin-Balkar Republic. Modern History Of Russia , 8 (3). https://doi.org/10.21638/11701/spbu24.2018.310 

Desai, R. (2020). Russia in the geopolitical economy of world capitalism. Economic Revival Of Russia , (2(64), 194-206. https://doi.org/10.37930/1990-9780-2020-2-64-194-206 

Gnedova, N. (2018). The Legal Position of Foreigners in Russia in the XVI to the XIX Century. Criminal-Executory System: Law, Economics, Management , 1 , 34-36. https://doi.org/10.18572/2072-4438-2019-1-34-36 

Goldin, V. (2019). The Civil War in the History of Russia: Historiography, Modern Approaches, Conception, New Edition. Modern History Of Russia , 9 (3), 758-774. https://doi.org/10.21638/11701/spbu24.2019.314 

Klyuchnikov, A. (2015). Legal and Political Transformation Determinants of the Russian Federation Judicial System. SSRN Electronic Journal . https://doi.org/10.2139/ssrn.2544967 

Kodaneva, S. (2020). Transition from the «brown economy» model to the «green economy» in Russia and abroad. Russia and the contemporary world , (1), 46-66. https://doi.org/10.31249/rsm/2020.01.03 

Ryabtseva, E. (2019). The judicial system of the Russian Federation: experience, problems, prospects. Russian justice , 6 , 105-107. https://doi.org/10.17238/issn2072-909x.2019.6.105-107 

Sirotyuk, A. (2018). Judicial System and System of Judicial Bodies of the Russian Federation: Issues of Differentiation and Determination of Elements. Russian justice , 2 , 38-45. https://doi.org/10.17238/issn2072-909x.2018.2.38-45 

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StudyBounty. (2023, September 15). Russian Legal and Judicial System.
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