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ENGLISH

Judiciary In Central And Eastern Europe - Mechanical Jurisprudence In Transformation?

by Zdenek Kuhn

304,75€ + 10% CARD

 One of the most widespread problems in post-Communist countries is the quality of the judiciary. The book argues that these problems are intimately linked to the legal culture of Communist law, that an understanding of post-Communist judges necessarily requires an understanding of their Communist predecessors. There seems to be a deep continuity in the methods of legal reasoning employed by lawyers in the region of East Central Europe, starting in the era of Stalinism of the 1950s up to the current post-Communist period, which continuity is manifested in the problems of 1990s and 2000s. Communist legal culture and its aftermath provide an interesting analysis of the development of legal culture in a long-lasting system which was intellectually almost completely separated from the outside world. The book targets the judicial ideology, the conception of law, and the judicial self-perceptions, which are phenomena most likely to be contained in the deepest level of legal culture, that most resistant to change.
ENGLISH

Russia And Its Constitution - Promise And Political Reality

325,95€ + 10% CARD

 The Constitution of the Russian Federation was ratified in 1993 amid great hopes and aspirations following the collapse of the USSR. The constitution proclaims the goal of establishing a "democratic, federal state" that functions according to rule of law and promises a broad array of social, political and economic rights to its citizens. But how well has the Russian government lived up to realizing these promises? Seven distinguished scholars on Russian politics and law examine the state of political accountability, federal power-sharing, judicial independence, press freedom, and criminal procedure in Russia today. The picture that emerges is decidedly mixed; they conclude that the Russian constitution remains a work in progress.
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Public Policy And Law In Russia: In Search Of A Unified Legal And Political Space

eBook 10%

ENGLISH

Public Policy And Law In Russia: In Search Of A Unified Legal And Political Space - Essays In Honor Of Donald D. Barry

327,28€ + 10% CARD

 This work traces the attempt to complete the creation of a unified legal and political system in contemporary Russia. Multiple political and legal aspects of the problem are examined by both political scientists and legal scholars. The volume focuses on post-Soviet developments in Russia, especially during the Putin administration. The contributors' perspectives include constitutional law, judicial development, law reform, human rights, federalism, and international law.The collective study finds that much progress has been made toward the unification of political and legal space in Russia, although significant problems remain to be addressed in order for the process to continue to move forward.
ENGLISH

Russia, Europe, And The Rule Of Law

321,98€ + 10% CARD

 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.
ENGLISH

Investor Protection In The Cis - Legal Reform And Voluntary Harmonization

406,78€ + 10% CARD

 Building on the extensive interest in company law and corporate governance development in post-communist transformation, this book examines the legal regime for protection of company investors in the CIS. The different contributions focus on issues such as basic shareholder rights, shareholder rights in special circumstances, cumulative voting, and protection through securities markets regulation. The discussion centers on the problems of domestic legal reform and the extent to which international legal standards and best practice are reflected in the process. In doing so, it offers a thorough comparative law analysis covering all twelve CIS countries. Importantly, the book accords a special place to the contribution that the model legislation adopted within the CIS framework makes to the process of legal reform and voluntary legal harmonization.
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Copyright, Freedom Of Speech, And Cultural Policy In The Russian Federation

eBook 10%

ENGLISH

Copyright, Freedom Of Speech, And Cultural Policy In The Russian Federation

by Michiel Elst

530,00€ + 10% CARD

 This book traces the impact of the economic and political perestroika on the copyright law of the late USSR and the Russian Federation. The transformation of the administrative command economy into a market economy, the introduction of the rule of law and the adoption of a natural-law-view on human rights, the revolution in cultural policy, all influenced both the contents and the function of copyright law for the authors, entertainment and information industries and the consumers. The book provides a detailed analysis of the freedom of expression, and of copyright legislation in Russia, always with an eye on historic comparisons and evolutions . At the same time it gives a synthetic overview of the main changes in constitutional, civil and economic law in the last 15 years.
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Counsel In The Caucasus: Professionalization And Law In Georgia

eBook 10%

ENGLISH

Counsel In The Caucasus: Professionalization And Law In Georgia

by Christopher P.M. Waters

266,33€ + 10% CARD

 This book traces the development of the rule of law in Georgia since its independence and speculates on its future direction.
ENGLISH

Prospects For Constitutionalism In Post-Communist Countries

by Levent Gonenc

413,40€ + 10% CARD

 The last decade of the 20th century saw radical changes in Eastern Europe and the former USSR. Most of these countries made a transition from totalitarianism or authoritarianism to democracy and from central planning to a market economy. Adding to the latter, a number of national entities gained their independence after the disintegration of the federative states of the USSR, Yugoslavia and Czechoslovakia. Many recent studies have focused on these double, in some cases triple transitions, and scholars from different fields analyzed the so-called "1989 Revolution" from different perspectives. Rather less scholarly attention has been paid to the future of post-communist constitutions and prospects for constitutionalism in these countries. The main questions dealt with throughout this study can be formulated as follows: Will liberal democratic constitutionalism take root in these countries? Will new constitutions in Eastern Europe and the former USSR perish or survive? This study also aims at contributing to the construction of a general constitutional theory by studying the causes and dynamics of constitutional change in general. Such constitutional change is not only on the East European, but also on the West European agenda. The purpose of this study is not to introduce a general theory about constitutional in/stability, but studying post-communist constitutions will help us to understand the causes and dynamics of constitutional change from a broader perspective.
ENGLISH

Soviet Union And International Cooperation In Legal Matters - Part Ii Civil Law

by George Ginsburgs

413,40€ + 10% CARD

 The present title is the second in a three-volume set addressed to the general theme of `The Soviet Union and International Cooperation in Legal Matters.' This project will concentrate essentially on the post-World War II repertory, with some reference to pre-1945 antecedents in order to put the picture in a clearer perspective. The preceding volume, published in 1988, treated the Soviet Union's record in the field of commercial arbitration and the last one in this three-volume set is scheduled to consider its related practices in the domain of criminal law. In Part II the author analyzes the ensemble of rules observed between states whereby the legal organs of one will procure for the legal organs of the other procedural services designed to facilitate performance by the recipient party of its mission to `administer justice'.
ENGLISH

From Soviet To Russian International Law - Studies In Continuity And Change

by George Ginsburgs

413,40€ + 10% CARD

 Russia's international law persona is still in its infancy and it will take a while for the cycle to run its full course. However, significant changes have already occurred in some areas, thus offering an opportunity to analyze the trends here and track the process of emergence of successor doctrines and practices destined to replace the Soviet heritage. The quartet of topics selected for treatment in this volume - the relationship between international and domestic law; citizenship and state succession; the Sino-Russian boundary problem; and cooperation with China in policing crime - illustrates major shifts in Russia's international law policy in a bid to shed the corset of Communist ideology and the old regime's modus operandi and join the international community's mainstream culture. The test cases also attest to the difficulties encountered in the process of transition and show that progress on this front has by no means been uniform. The sample includes both instances where the break with the past looks quite pronounced and where greater distancing from precedent might logically have been expected, but, for reasons that are then explored, a sense of substantive continuity instead prevails, albeit made more palatable by an application of linguistic cosmetics. From Soviet to Russian International Law: Studies in Continuity and Change marks the occasion of the author's 65th birthday and the 40th anniversary of his publishing debut.
ENGLISH

Moscow'S Road To Nuremberg - The Soviet Background To The Trial

by George Ginsburgs

302,10€ + 10% CARD

 Recent events in former Yugoslavia and Rwanda have revived diplomatic interest in measures contemplating concerted action directed at the suppression and punishment of war crimes. Indeed, steps have already been initiated to set up war crimes tribunals to prosecute those responsible for such atrocities. Not to be outdone, Yeltsin's Foreign Minister has also issued a call for public discussion of the idea of `creating a system of international criminal justice with regard to crimes against peace and humanity, other international violations of the law.' The precedents of the Second World War in this venue thus seem relevant once again. Since the Soviet Union played a leading role in paving the way for the Nuremberg trial and respective proceedings before national tribunals, and Russia - as self-proclaimed heir and successor to the USSR - continues to exercise a great deal of influence in these matters today, a look at Moscow's doctrinal and practical scorecard may prove useful for future reference. The present study explores the Soviet regime's contribution to the prehistory of the Nuremberg trial, i.e., the repertory of official acts and pronouncements as well as scholarly treatment of issues which ultimately shaped the legal complexion of the Nuremberg test. Our focus in this case is on the mode of development of the style and substance of the bill of indictment until the day of the court's opening session from the standpoint of Moscow's stake in the operation. The views recorded during the trial in primary or secondary sources or those expressed later are taken into account only if they shed light on the preparatory stages of the drama. The subsequent evolution of Moscow's thoughts on the subject deserves a separate full-scale analysis.
ENGLISH

Revival Of Private Law In Central And Eastern Europe - Essays In Honour Of Ferdinand J.M. Feldbrugge

~~413,40€~~ 372,06€ 10% OFF

 This text explores the web of relations between civil society, civil law, and the constitutional state in the post-communist states of Eastern and Central Europe. It traces the resurgence of civil law institutions and considers the impact of international legal standards on this development.
ENGLISH

Russian Law - The End Of The Soviet System And The Role Of Law

by Ferdinand J.M. Feldbrugge

413,40€ + 10% CARD

 A treatise on Russia's new legal system. The book analyzes the political and economic origins of perestroika, and 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.
ENGLISH

Emancipation Of Soviet Law

413,40€ + 10% CARD

 In this work, a number of leading Western experts consider the practical effect of the emancipatory process of Soviet law - from the obedient servant of a totalitarian master to the core element of a new order. It looks at the key branches of Soviet law and its philosophical dimensions.
ENGLISH

Soviet Union And International Cooperation In Legal Matters - Part Iii: Criminal Law

by George Ginsburgs

413,40€ + 10% CARD

 The present title is the last in a three-volume set addressing the umbrella theme of "The Soviet Union and International Cooperation in Legal Matters". The preceding installments treated the Soviet Union's record in the field of commercial arbitration and civil law.
ENGLISH

History Of Russian Law - From The Council Code (Ulozhenie) Of Tsar Aleksei Mikhailovich Of 1649 To The Bolshevik Revolution Of 1917

by Ferdinand J.M. Feldbrugge

267,65€ + 10% CARD

 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: "A History of Russian Law. From Ancient Times to the Council Code (Ulozhenie) of Tsar Aleksei Mikhailovich of 1649", Brill | Nijhoff, 2017.
ENGLISH

Unrecognized Entities - Perspectives In International, European And Constitutional Law

261,03€ + 10% CARD

 The book, which covers contributions from leading international and European law scholars and analyzes the legal and political status quo of non-recognized entities, comprises three parts. The first and the second part focus on contemporary trends of legal theory and practice concerning issues pertaining to secession and non-recognized entities in international and European law, respectively. Additionally, it touches upon EU policies, the issue of EU citizenship in light of secessionist movements in Europe, and the phenomenon of exterritorial naturalization within non-recognized entities. The third part scrutinizes the legal systems of non-recognized entities in the post-Soviet area, covering Eastern Ukraine, Abkhazia, South Ossetia, Transnistria, and Nagorno-Karabakh.
ENGLISH

International And National Law In Russia And Eastern Europe - Essays In Honor Of George Ginsburgs

413,40€ + 10% CARD

 This work focuses on the metamorphosis of the network of international law relations, brought about by the fundamental change in the political and constitutional climate of the former USSR. Some of the most urgent questions are analyzed by a team of leading legal specialists.
ENGLISH

Human Rights In Russia And Eastern Europe - Essays In Honor Of Ger P. Van Den Berg

302,10€ + 10% CARD

 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.
ENGLISH

Law In Transition

302,10€ + 10% CARD

 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.
ENGLISH

Formalism, Decisionism And Conservatism In Russian Law

by Mikhail Antonov

258,38€ + 10% CARD

 This volume examines the elements of formalism and decisionism in Russian legal thinking and, also, the impact of conservatism on the interplay of these elements. The actual conservative narratives, about the distinctiveness of Russian law, reveal certain features of the intellectual culture that is transmitted in legal education, scholarship and practice. These narratives are based on the idea of sovereignty understood as legal omnipotence of the state. References to sovereignty justify the requirement of legality in the sense of fidelity to the letter of the law. They also often serve as a rationale for crafting exceptions to constitutional non-discrimination principles as they are applied to political, religious, sexual and other minorities.
ENGLISH

History Of Russian Law - From Ancient Times To The Council Code (Ulozhenie) Of Tsar Aleksei Mikhailovich Of 1649

by Ferdinand J.M. Feldbrugge

696,95€ + 10% CARD

 The beginnings of Russian law are documented by the Russo-Byzantine treaties of the 10th century and the oldest Russian law, the Russkaia Pravda. The tempestuous developments of the following centuries (the incessant wars among the princes, the Mongol invasion, the rise of the Novgorod republic) all left their marks on the legal system until the princes of Muscovy succeeded in reuniting the country. This resulted in the creation of major legislative monuments, such as the Codes of Ivan the Great of 1497 and of Ivan the Terrible of 1550. After the Time of Troubles the Council Code of the second Romanov Tsar, Aleksei, of 1649 became the starting point for the comprehensive Russian codification of the 19th century. The next period of Russian legal history is the subject of vol. 70 of Law in Eastern Europe: "A History of Russian Law. From the Council Code (Ulozhenie) of Tsar Aleksei Mikhailovich of 1649 to the Bolshevik Revolution of 1917", Brill | Nijhoff, 2023 .
ENGLISH

Reviewing European Union Accession - Unexpected Results, Spillover Effects, And Externalities

349,80€ + 10% CARD

 The year 2017 has been an uneasy one for the EU, with so-called Brexit on the horizon and the rise of populist euroskepticism in a number of Member States. This year, with the tenth anniversary of the Romanian and Bulgarian accession to the Union, is a good year to pause and reflect over the life and future of the Union. In this work, we envision the next decade with Europe 2020 strategy and review the fruits of the 2004 accession in Central and Eastern Europe. What has the Union achieved? Which policy areas are likely to change and how? How successful, and by what measure, has the accession of the 10 Member States in 2004 been? Reviewing European Union Accession addresses a wide range of issues, deliberately without any thematic constraints, in order to explore EU enlargement from a variety of perspectives, both scientific and geographical, internal and external. In contrast to the major works in this field, we highlight the interrelated, and often unexpected, nature of the integration process - hence the subtitle, unexpected results, spillover effects and externalities.
ENGLISH

East European Faces Of Law And Society: Values And Practices

299,45€ + 10% CARD

 This volume offers readers a multi-layer analysis of issues of law and society in Central and Eastern Europe, Russia, and Ukraine. This collection of thought-provoking essays deals with a wide range of subject matter including constitutional, administrative, civil, and criminal law, as well as aspects of legal culture, corruption, corporate social responsibility, and informal practices of judiciaries. Throughout the volume, readers are given not only a comparative perspective of current practices but are also offered a historical glimpse of law and philosophy in the region. The conclusions and analysis offered by these authors - from the 'East'" as well as from the 'West' - are supported by survey data, literature, legislation, and court practice in the region and abroad.
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