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Full-Text Articles in Law
Russia's Criminal Procedure Code Five Years Out, William Burnham, Jeffrey D. Kahn
Russia's Criminal Procedure Code Five Years Out, William Burnham, Jeffrey D. Kahn
Faculty Journal Articles and Book Chapters
After a long delay in drafting, a new Criminal Procedure Code for Russia was passed in 2001 and went into effect in 2002. The new Code contains some striking innovations, most notably changes at the trial stage, which implement the constitutional requirements of adversarial principles. However, it also retains several throwbacks to the past, particularly its preservation of the formal pretrial investigation, during which evidence is parsed and collected in a dossier, which then dominates the trial of the case. The result is that old and new constantly contend with each other. Implementation of the new adversarial procedures is also …
Russian Compliance With Articles Five & Six Of The European Convention Of Human Rights As A Barometer Of Legal Reform & Human Rights In Russia, Jeffrey D. Kahn
Russian Compliance With Articles Five & Six Of The European Convention Of Human Rights As A Barometer Of Legal Reform & Human Rights In Russia, Jeffrey D. Kahn
Faculty Journal Articles and Book Chapters
This Note examines two of Russia's obligations under the European Convention on Human Rights (ECHR): the Article 5 right to liberty and security, and the Article 6 right to a fair trial to gauge Russian compliance with European human rights norms. These articles lie at the heart of systematic legal reform in the Russian Federation. This Note defends the thesis that the agonizingly slow progress of judicial reform and the advancement of human rights in Russia is a function of the inevitable lag of conceptual norms behind institutional reform. Part I explores the weak place of the rule of law …