Ferdinand J.M. Feldbrugge – författare

Much of what we know about the colourful Russian middle ages comes from legal sources: the treaties of Russian-Scandinavian warlords with the Byzantine emperors, the gradual penetration of Christianity and Byzantine institutions, the endless game of war and peace among the numerous regional princes, the activities of Hanseatic merchants in the wealthy city-republic of Novgorod, the curious relationships between the Mongol conquerors and Russian rulers and church dignitaries, etc. And, at the even further fringes of medieval Europe, there were the Christian kingdoms of Armenia and Georgia, squeezed between the Islamic empires of Iran and Turkey, but each possessing their elaborate and original legal systems. A discussion of more general questions of legal history and legal anthropology precedes the treatment of these various topics.

The states of Central and Eastern Europe have, to different extents and with varying levels of success, engaged in the transition from authoritarian rule. The (re-) construction of democratic, law-based governance has turned out to be a lengthy and - at times - frustrating process. The agenda for post-communist reform contains many entries, yet a transition-blue-print is not available. The papers collected in this volume explore the implications of the transition process in various areas. While not all aspects of post-communist law are covered, several crucial issues receive an in-depth treatment. These are: the development of (supra-) governmental systems, the procuracy, minority rights, contract law, land ownership and industrial property rights. Displaying remarkable scholarly as well as practical legal expertise, the various contributors to this volume illustrate the problems in, and the potential of, these policy areas.

The introduction of a market economy in the countries of Central and Eastern Europe required an enormous legislative effort, in order to create the regulatory framework for a vast array of new economic activities. The resulting statutory materials in turn gave rise to numerous books and articles, by domestic lawyers from the countries concerned, as well as by foreign scholars.By comparison, the other part of the legal diptych - the establishment of the rule of law - has received less attention from academic commentators. The purpose of this volume is to correct the balance to some extent, especially by looking at various aspects of legal reform through the prism of human rights. The legal implementation of a respect for human rights turns out to be an even more comprehensive and pervasive enterprise than creating the legal framework for a market economy. A number of important areas of law are highlighted in this volume; the emphasis is, although not exclusively, on the Russian Federation.

The disappearance of the USSR as a superpower, to be replaced by the Russian Federation and a host of new states, has had wide-ranging consequences in the field of law. The establishment of market economies and the need to set up institutional frameworks to foster the rule of law have precipitated comprehensive domestic law reforms in the countries concerned.The major focus of the present work, however, is on the metamorphosis of the network of international law relations, brought about by the fundamental change in the political and constitutional climate and the emergence of numerous new actors. Apart from the relations between states as the classical province of international law, the impact of international law on national legal orders has acquired overwhelming importance and the successor states of the Soviet Union have not escaped the effect of this development. Some of the most urgent questions thrown up by these developments are analyzed by a team of leading legal specialists from the Russian Federation, North America, and Western Europe.

This book examines the development of Russian law from 1649 (the Council Code of Tsar Aleksei Mikhailovich) up to the Bolshevik Revolution of 1917. Most of what happened during this eventful period found reflection in legislation and was in fact brought about by legislation. This applies to the fundamental reforms of the Russian state by Peter the Great, the abolition of serfdom and the agricultural reforms of the 1860's, the creation of a modern system of courts during the same period, and the hesitant introduction of a more democratic system of governance through the Constitution of 1906. The first part of this volume is devoted to a description of the development of Russian legislation during the 1649-1917 period, against the background of political and socio-economic developments; the second part goes into greater detail in a survey of the evolution of public law, criminal law and private law. The previous period of Russian legal history has been the subject of vol. 66 of Law in Eastern Europe: "e;A History of Russian Law. From Ancient Times to the Council Code (Ulozhenie) of Tsar Aleksei Mikhailovich of 1649"e;, Brill | Nijhoff, 2017.

This special issue of the REVIEW OF CENTRAL AND EAST EUROPEAN LAW compiles the material published under the head `Russian Federation Legislative Survey' in the six 1993 issues of the journal. It covers Russian legislation from the date of the Declaration of the State of Sovereignty of the RSFSR (12 June 1990) until the end of 1992. The principal watershed in this period was the disappearance of the USSR. This event had far-reaching consequences for Russian law, because of the two-tier character of law in the former Soviet Union: USSR law at the top, and underneath the subordinate legal systems of the individual union republics, including the RSFSR. These consequences can still be felt in many areas, and it will take considerable time and major efforts to replace all USSR law by new Russian enactments. The Institute of East European Law and Russian Studies intends to bring this survey up to date as soon as possible. This is of course desirable for the practitioner, as well as for the academic user. It is felt, however, that it was imperative to build on a solid foundation, even if it meant some delay in the beginning. As new official sources of legislation emerge, as some already have in 1993, they will be included in the issues of the REVIEW OF CENTRAL AND EAST EUROPEAN LAW. The present survey is a reprint of the fourth issue of the REVIEW OF CENTRAL AND EAST EUROPEAN LAW (1994) and is available gratis to subscribers.

The political, economic, and social reforms resulting from Gorbachev's perestroika have become more radical and comprehensive throughout the years. Increasingly, in their implementation, a central role has been accorded to law. The construction of a viable democratic system, the establishment of an economy in which market factors are decisive, the readmittance of a pluralistic civil society, all of them presuppose, in the eyes of the present Soviet leadership, the creation of a reliable legal foundation. Legislative activity in the Soviet Union during the past few years has therefore been hectic. At the same time, while law was being used as an instrument of change, the character of Soviet law itself was deeply affected. From being the obedient servant of a totalitarian master, law is becoming the core element of a new order in which its supremacy is accepted as the starting point for redesigning all the major sectors of social life. In this volume a number of leader Western experts consider the practical effect of this emancipatory process on the most important branches of Soviet law and investigate its philosophical dimensions.

This is the first treatise on Russia's new legal system, as it emerged from the dissolution of the Soviet Union. The first part of the book analyses in detail the political and economic origins of perestroika, indispensable for understanding the basic parameters of the evolution of Russian law. In the following chapters all major legal subjects are discussed against the background of their Soviet past and as the result of the radical changes in the political, social and economic make-up of the country. The appendices include the texts of the U.S.S.R. and Russian Constitutions, the Agreement of Minsk, The Russian Federation Treaty, bibliographical sources, and extensive indices of Soviet and Russian legislation.The book has been written for legal practitioners, comparative lawyers, and students of Russian law, but will also be of interest to a wider audience of political scientists, journalists, etc.

During the last two decades Russia has gone through a process of radical political and socio-economic transformation. The legal system has reflected the various stages of this process and has also been a major agent in moving it forward. The country is at a crossroads now. External observers are sharply divided in evaluating the performance and intentions of the Russian leadership. Russia itself is involved in finding out where it stands. What sort of federation does it want to be? How will it define its relationship to Europe and to its former sister republics? The answers to such questions fundamentally affect the future shape of Russian law. At the same time, existing legal structures may predetermine the course Russia will take.