Rule of Law in Russia

IMGXYZ1216IMGZYXDimitry Medvedev called for greater transparency within the Russian court system this past December. Chief Justice of the Russian Supreme Arbitrazh Court, Anton Ivanov, outlined the type of reforms that are necessary to fulfill this mandate and the overall status of the rule of law in Russia. Ambassador (Ret.) James F. Collins moderated the discussion.

Rule of Law
Justice Ivanov stressed that the rule of law can take hold in Russian society  only after the courts attain more independence. To help achieve that goal, Ivanov voiced support for the use of precedent in the Arbitrazh court system. Despite public skepticism about this legal principle, Ivanov urged that it is essential to the judicial system as it is the most effective legal principle for fostering the rule of law. Precedent could help also decrease corruption by serving as a point of unbiased reference to judges in lower courts who feel pressure from local bodies to rule in a certain way.

Necessary Reforms
Ivanov stressed that no legal reforms, including precendent, can take place in Russia without increased transparency. He offered several other examples of benefits to be gained by increased judicial transparency:

• Explain the reasoning behind judicial rulings
   
• Increase understanding of the judicial process
   
• Ensure predictabie decisions

The Arbitrazh Courts have initiated administrative changes to help increase transparency.  Court rulings are now disseminated online, and an effort is underway to digitize most court documents and make them availabe on the internet. Leaders of the Court are also working towards using the internet as an effective tool to curb corruption by publishing all correspondence received by judges pertaining to cases before their bench.

The main difficulties in implementing these change occur at regional lower courts where internet connections are poor. The Supreme Arbitrazh Court is addressing the problem by launching a pilot project for two regions, through which it  provides scanning equipment and other technology to facilitate the digital transition. Possibilities of using cellular phone technology are also being explored.  

Better Judges
Ivanov also discussed several other measures that may be implemented in order to increase transparency. He urged for example additional steps to improve the qualifications of judges. He pointed to Japan’s legal system –  where judges are appointed by the Japanese Supreme Court – as a possible way to restructure the Russian court system to improve its independence. Ivanov cautioned, however, that although many people would like to see the rule of law take hold at a faster pace, the government must first create the appropriate conditions of support among the citizenry.