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Guide to Foreign and International Legal Citations - New York ...

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I. COUNTRY PROFILE (Civil Law)<br />

RUSSIA<br />

Rossiiskaya Federatsiya (Russian Federation)<br />

Russia is a federation comprised of twenty-one Republics (respublika), six Terri<strong>to</strong>ries<br />

(krai), 49 Regions (oblast’), two federal cities, one Au<strong>to</strong>nomous Region (av<strong>to</strong>nomnaya oblast’),<br />

<strong>and</strong> ten Au<strong>to</strong>nomous Circuits (av<strong>to</strong>nomnii okrug)—a <strong>to</strong>tal of eighty-nine identifiable units which<br />

are commonly referred <strong>to</strong> as Subjects of the Russian Federation (sub’ekti Rossiiskoi Federatsii).<br />

The official language is Russian. Russia’s legal system is based on civil law.<br />

The Russian Constitution, which was adopted December 12, 1993, establishes the form<br />

of government. Executive power is vested in the President <strong>and</strong> the Government. The President,<br />

who is the head of state, is directly elected by the people <strong>to</strong> a four-year term. The President<br />

coordinates the function <strong>and</strong> interaction of the state agencies, acts as the Chief of the Army <strong>and</strong><br />

appoints the Chairman of the Government. The president may enact decrees without the consent<br />

of the legislature. The Premier, who is the head of Government, is appointed by the President<br />

<strong>and</strong> must be confirmed by the lower house of the legislature. Other Ministers are appointed by<br />

the President. Collectively, the Premier <strong>and</strong> other Ministers form the Ministries of Government<br />

(or, simply, the Government).<br />

Legislative power is vested in the bicameral Federal Assembly (Federal’noe Sobranie),<br />

but, as noted, may also be exercised by the President. The Federal Assembly is composed of the<br />

Federation Council (Soviet Federatsii) <strong>and</strong> the State Duma (Gosudarstvennaya Duma). Two<br />

Members of the 178 member Federation Council are appointed by the <strong>to</strong>p executive <strong>and</strong><br />

legislative officials of each Subject of the Russian Federation <strong>to</strong> four-year terms. Half of the 450<br />

Members of the State Duma are directly elected by the people on the basis of proportional<br />

representation, <strong>and</strong> the other half are directly elected by the people from single-member districts.<br />

All Members of the State Duma serve four-year terms.<br />

Judicial power is vested in the Courts, which include the Constitutional Court<br />

(Konstitutsionnii Sud Rossiiskoi Federatsii), the Supreme Court (Verhovnii Sud Rossiiskoi<br />

Federatsii), <strong>and</strong> the Superior Court of Arbitration. Judges of all courts are appointed for life by<br />

the Federation Council on the basis of the President’s recommendations. The Constitutional<br />

Court reviews, inter alia, the constitutionality of acts of legislative <strong>and</strong> executive branches <strong>and</strong><br />

disputes regarding competence. Below the Constitutional Court the judicial system is bifurcated<br />

in<strong>to</strong> courts of general jurisdiction, which deal with civil, criminal, <strong>and</strong> military matters <strong>and</strong><br />

arbitration courts which deal with economic matters.<br />

The Supreme Court is the highest court of general jurisdiction. It hears cases involving<br />

civil, administrative, criminal, <strong>and</strong> military law. The Supreme Court has appellate jurisdiction<br />

over the decisions of the intermediate appellate courts. The intermediate appellate courts for<br />

civil <strong>and</strong> criminal matters are known as the Supreme Courts of each Subject of the Russian<br />

Federation. These courts have appellate jurisdiction over the decisions of the District Courts,<br />

which are the courts of first instance. The Supreme Court <strong>and</strong> Supreme Courts of each Subject<br />

of the Russian Federation also act as courts of first instance for certain cases. There is also a<br />

system of Justices of the Peace (mirovie sud’i) which hears civil, administrative, <strong>and</strong> criminal<br />

cases of lesser importance.<br />

All economic disputes are litigated in arbitration courts. The system of arbitration courts<br />

is also three-tiered. The highest court is the Supreme Arbitration Court (Visshii Arbitrazhnii Sud<br />

157

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