The history of the law of Russia

Early influences on the law of Russia

Russia has a rich and multi-faceted legal history that has been tied to the political developments within the country. The law of Russia has also historically been tied to the church and religion. Prior to the fifteenth century, Russia’s legal institutional structure has been described as an archaic or dyadic system. There were no officials operating in a judicial capacity, and modes of proof in the legal system were determined by irrational means, sometimes religious in nature. In the fifteenth century, following the transition of Russia from a dyadic legal system, the law of Russia was organised along twin religious and judicial systems. These were called Grand Prince’s Courts, and Ecclesiastical Courts and together these comprised the law of Russia. This system was also known as the triadic system where the law of Russia was seen to develop into one that had judges, a system of criminal law and a more rational basis for determining legal rulings (referred to as a rational basis). Judges were not appointed on a systematic, fair basis. Further judges appointed to make legal decisions were not guided by any settled set of principles. It was the case that legal decisions were made by reference to the judge’s own particular moral code and sense of fairness. However this system preserved the rulings reached in a comprehensive series of written recordings, and these were maintained as detailed records and this aspect of the system was to influence later versions, and variations of the law of Russia. The organisation of the law of Russia was influenced by the reign of Ivan the Third of Moscow, during the late fifteenth century, as this leader established the first codified system of national law. Overall, it consisted of 68 sections, or articles. For the first time, under the law of Russia this system introduced procedures in the law of Russia whereby the fees that judges could charge fees were subject to regulation. However, the scope of the code was limited as there were only penalties for the most serious crimes such as murder. This system further ensured that record keeping of judgments was maintained on a more regular basis. The courts were established on a more central basis, providing a basis for a more central, predicable, fair and rational system being in place as the law of Russia. This system endured into the sixteenth century and the central law courts were transformed into chancelleries, and these bodies had a permanent staff of clerks. These bodies carried out both legal and administrative functions. Another, more advanced and sophisticated code of the law of Russia was introduced in 1550. It expanded the types of crimes that were prohibited and were subject to prosecution under the law of Russia. The civil system was established as adversarial in nature, for the first time under this code. This meant that the parties were required to each present their oppositional views to a judge whose role it was to adjudicate the matter as fairly as possible. However the criminal system was inquisitorial, which meant that the judge served as both the prosecutor and the adjudicator in any criminal proceedings.

The law of Russia and continuing codification

The law of Russia has been described as undergoing a period where progress and modernisation were halted due to political instability. This was as a result of civil war and ideological shifting. This period of political and legal instability continued up until the early seventeenth century. In 1613, the legal system was again overhauled. It was criticised as being corrupt and this led to a comprehensive codification of the law of Russia being established in 1649. This meant that chancellery rulebooks were published.

The codification itself expanded the previous range of articles that represented the law of Russia. This meant that what was previously a composition of less than 100 articles became one that fell just short of 1000 articles. Further, both civil and criminal aspects of law were subject to the same codification. The law of Russia was therefore moving closer to liberal, open legal mechanisms. Even slaves, or serfs as they were known had access to the courts. The law of Russia was further transformed and modernised during the reign of Peter the Great, who was the ruler of Russia from 1682, to 1725. Peter the Great replaced the chancelleries system of law with institutions known as colleges. In addition to this structure, the law of Russia was overseen by a Senate, which acted as a Supreme Court. Under Peter the Great the law of Russia was subject to a wide-ranging and substantial reform program. Central administrative state structures were reformed, and this included the civil service, the military and the court system. The law of Russia was to change further as a result of the influences of the Enlightenment. The publication of the Charter to the Nobility in 1785 and this reflected the influence this sector of Russian society had during this time, one example being the pronunciation of legal rights, mainly reserved for the Nobility.

The modern law of Russia

The law of Russia developed into modern historical times under the influence of this history of development. An extremely important event that further developed the law of Russia and brought it into the 20th century was the secularisation of society and the diminishing role of the Church in the legal, political sphere. Following the fall of Tsar Nicholas the second in 1917 an industrial revolution took place, and laws were passed in a constitutional institution known as a Duma. Following this time, the right to vote was extended to most citizens of Russia, leaving the people with a fundamental influence on the formation and substance of the law of Russia. The Soviet Union was created in 1922 by the leaders of the Russian Communist Party. This event transformed the law of Russia and subjected it to further modernisation. In 1924 a federal system of government was adopted. The national Congress exercised supreme power, and this institution was governed by the Communist Party. The demise of the Soviet Union took place in 1991, and the Russian Federation was established in 1992, under Boris Yeltsin. It has grown in power and influence since this time due to the thriving ideological structures that have now developed, and the resource rich economy that has developed in tandem with these to create a modern and globally influential democracy.