Are Russian Judges Still Soviet?

Abstract

The Soviet model of judging incorporated an educational and political role for judges. In addition to resolving disputes, judges were expected to use cases as a way of inculcating Soviet values. They could sidestep the law when it conflicted with the interests of the state and/or the Communist Party. In recent years, reforms aimed at raising the status of judges and stripping away their Soviet veneer have been introduced. In theory, the introduction of the principle of adversarialism should shift responsibility away from judge and onto litigants. The article explores how these reforms have played out. It draws on field work in arbitrazh courts, including observations of judicial proceedings, conversations with judges and litigants, and review of case files.

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