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Russian Law
This book provides the first systematic account of Russian law and the Russian legal system since the demise of the USSR. The author, William E. Butler, places Russian law in the context of other legal systems and makes a thorough examination of the country's newly emerging legal institutions,
procedural and substantive law. This authoritative book will be embraced by practicing lawyers, the investment community, government legal advisers and scholars seeking a comprehensive introduction to the Russian legal system.
procedural and substantive law. This authoritative book will be embraced by practicing lawyers, the investment community, government legal advisers and scholars seeking a comprehensive introduction to the Russian legal system.
736 pages, Hardcover
First published May 20, 1999
About the author
William E. Butler
126 books2 followersWilliam Elliott Butler, LL.D. (University of London, 1979; Ph.D., The Johns Hopkins School of Advanced International Studies, 1970; LL.M., School of Law of the Academy University of Law, Institute of State and Law, Russian Academy of Sciences, 1997; J.D., Harvard Law School, 1966) is the John Edward Fowler Distinguished Professor of Law, Dickinson School of Law, Pennsylvania State University (2005–); Professorial Research Associate, School of Oriental and African Studies, University of London (2006–); and Emeritus Professor of Comparative Law in the University of London (2005–). He is an authority on the legal systems of Russia, other members of the Commonwealth of Independent States (CIS), and Mongolia.
Professor Butler previously served as Dean of the Faculty of Laws, University College London (1977–79) and of the University of London (1988–90). He is a member of The Russian Academy of Natural Sciences, The National Academy of Sciences of Ukraine, The Union of Russian Jurists, The Academy of Commercial and Consumer Law, and The American Law Institute, among others. He also was the Founding Editor of The Bookplate Journal, being an avid collector and beekeeper.
Professor Butler previously served as Dean of the Faculty of Laws, University College London (1977–79) and of the University of London (1988–90). He is a member of The Russian Academy of Natural Sciences, The National Academy of Sciences of Ukraine, The Union of Russian Jurists, The Academy of Commercial and Consumer Law, and The American Law Institute, among others. He also was the Founding Editor of The Bookplate Journal, being an avid collector and beekeeper.
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Displaying 1 of 1 review
September 19, 2008
AN EPIC STATEMENT OF RUSSIAN LAW FOR THE 21st CENTURY
‘Russian Law’ is clearly an epic book covering epic material. Professor Butler provides the most comprehensive account in any language of modern Russian law. For this second edition, he has updated the work to embrace the entire sweep of market oriented law reforms, which the Russian people so urgently need.
I had misgivings about contemplating a review of what is such a vast and daunting subject. However, when I read the first few pages, I realised how superb this book was and what a tremendous contribution it makes to the opening up of Russia to the West.
Professor Butler has an established reputation with previous works on the Soviet legal system and this book arrives as the successor to a work he wrote in 1983 entitled ‘Soviet Law’. In his preface to the first edition of the re-named ‘Russian Law’, Butler comments that the book is designed for textbook use in law schools and is a resource for legal advisers, executives, investors and practising lawyers.
He adds that it is also to be used as supplementary reading for area specialists who require an introduction to the Russian legal system. Of great importance as the country opens up to the West, particular attention is given to aspects of Russian law of concern to foreign investors and those who advise them.
Uncluttered Approach
Butler has been careful to limit the use of footnotes, and he writes on the basis that the reader has no knowledge of the Russian language. There is a most useful “abbreviations” section at the beginning of the book with tables of Legislative Acts and International Treaties. When Butler came to revise the edition in 2003, the Russians had experienced a serious financial crisis, which severely tested the viability of their fledgling market reforms. A new President, and a Parliament more sympathetic to the new President, together with an uncertain international situation after the Second Gulf War make this work all the more interesting.
When one looks at the structure of the book, there are a number of areas of great importance: a reformed judiciary, and comments on the enactment of nearly all the major ‘first-generation’ law reform measures which the government in Russia intends to lay as the foundations of a modern, market-orientated, democratic, rule-of-law, social State. Readers will find that the two sister volumes to go with this work, both published by Oxford University Press, are invaluable reference material: ‘Civil Code of the Russian Federation’ [2003] and ‘Russian Company and Commercial Legislation’ [2003]. Throughout this book runs an encouraging and modern approach to international commercial law with all its prospects for the future.
Structure of Russian Law
Butler has set out the sections of this book well. He covers the following subject areas:
• The setting
• The legal system
• The substantive Law
• The Law and Foreign Relations
• Resource Materials
At the back of the book is an appendix which contains the Constitution of the Russian Federation and some useful website addresses for those with a working knowledge of the Russian language. As a teacher, I was immediately drawn to the legal education section where Butler says:
“Although the configuration of Russian law in the larger domain of comparative law has certainly altered, it remains the case that Russian law offers the same scope of comparative enquiry as other continental European systems yet continues to offer in addition fundamentally different and challenging approaches or views for the student’s contemplation.”
I found this sentence particularly exciting because it is only very recently that massive change has hit the Russian people as we enter the twenty-first century. Many would have though it impossible to see such market reforms and yet, with the continuing expansion of the European Union, it is pleasing to think that there is much similarity between what we do in the EU and the progress the Russians are now making.
A History Lesson
When I was at college, I read ‘A History of Russia’ by Sir Bernard Pares and was immediately captivated by the sheer grandeur of the country and its various peoples. With my further Russian studies in 1970s, I began to realise what I thought then to be the impossible task of dismantling the appalling political and legal structures created by Stalin and some of the political and legal criminals who followed him. Here, Butler gives, in chapter 3, a most illuminating history lesson in case anyone should forget the Soviet Marxian legacy. Do read section G on ‘The Twilight Years 1900-1917’ and the piece on Vinogradoff concerning Russian “legal theorists in emigration”.
There is so much history to cover that, by the time you reach comments on the emerging modern judicial system in chapter 6, section B, much of the reign of terror under Stalin makes some sense, legally, especially if you compare his methods with those of Hitler – both of whom tried to corrupt the legal system and the judiciary for gangster reasons alone.
Criminal Procedure
Both civil and criminal procedures are well detailed. I advise anyone travelling to or through Russia to read chapter 7, which gives an insight into the articles of the Criminal Code. In some ways, it highlights the need for a proper (but flexible) Code, which we have been building up within the English Legal System for some years thanks to the work of the late Professor Sir John Smith and others. The content of a court judgment is set out and the new procedures when an admission of guilt is made are well covered since the law was altered in 2002.
The Substantive Law
Any client you may have who has become involved with what is termed here as ‘entrepreneurial law, would be well advise to read Part III which covers:
• Constitutional and administrative law
• Civil law
• Family law
• Entrepreneurial law (i.e. company law!)
• Securities regulation
• Banking law
• Taxation
• Natural resources and the environment
• Labour law
• Criminal law
I feel this book is a testament to what can be achieved after the dead economic years under the Soviet hammer. This book illustrates what can be done when totalitarianism and secrecy are exchanged for innovation and freedom.
PHILLIP TAYLOR MBE LL.B (Hons) PGCE Barrister-at-Law
Richmond Green Chambers
‘Russian Law’ is clearly an epic book covering epic material. Professor Butler provides the most comprehensive account in any language of modern Russian law. For this second edition, he has updated the work to embrace the entire sweep of market oriented law reforms, which the Russian people so urgently need.
I had misgivings about contemplating a review of what is such a vast and daunting subject. However, when I read the first few pages, I realised how superb this book was and what a tremendous contribution it makes to the opening up of Russia to the West.
Professor Butler has an established reputation with previous works on the Soviet legal system and this book arrives as the successor to a work he wrote in 1983 entitled ‘Soviet Law’. In his preface to the first edition of the re-named ‘Russian Law’, Butler comments that the book is designed for textbook use in law schools and is a resource for legal advisers, executives, investors and practising lawyers.
He adds that it is also to be used as supplementary reading for area specialists who require an introduction to the Russian legal system. Of great importance as the country opens up to the West, particular attention is given to aspects of Russian law of concern to foreign investors and those who advise them.
Uncluttered Approach
Butler has been careful to limit the use of footnotes, and he writes on the basis that the reader has no knowledge of the Russian language. There is a most useful “abbreviations” section at the beginning of the book with tables of Legislative Acts and International Treaties. When Butler came to revise the edition in 2003, the Russians had experienced a serious financial crisis, which severely tested the viability of their fledgling market reforms. A new President, and a Parliament more sympathetic to the new President, together with an uncertain international situation after the Second Gulf War make this work all the more interesting.
When one looks at the structure of the book, there are a number of areas of great importance: a reformed judiciary, and comments on the enactment of nearly all the major ‘first-generation’ law reform measures which the government in Russia intends to lay as the foundations of a modern, market-orientated, democratic, rule-of-law, social State. Readers will find that the two sister volumes to go with this work, both published by Oxford University Press, are invaluable reference material: ‘Civil Code of the Russian Federation’ [2003] and ‘Russian Company and Commercial Legislation’ [2003]. Throughout this book runs an encouraging and modern approach to international commercial law with all its prospects for the future.
Structure of Russian Law
Butler has set out the sections of this book well. He covers the following subject areas:
• The setting
• The legal system
• The substantive Law
• The Law and Foreign Relations
• Resource Materials
At the back of the book is an appendix which contains the Constitution of the Russian Federation and some useful website addresses for those with a working knowledge of the Russian language. As a teacher, I was immediately drawn to the legal education section where Butler says:
“Although the configuration of Russian law in the larger domain of comparative law has certainly altered, it remains the case that Russian law offers the same scope of comparative enquiry as other continental European systems yet continues to offer in addition fundamentally different and challenging approaches or views for the student’s contemplation.”
I found this sentence particularly exciting because it is only very recently that massive change has hit the Russian people as we enter the twenty-first century. Many would have though it impossible to see such market reforms and yet, with the continuing expansion of the European Union, it is pleasing to think that there is much similarity between what we do in the EU and the progress the Russians are now making.
A History Lesson
When I was at college, I read ‘A History of Russia’ by Sir Bernard Pares and was immediately captivated by the sheer grandeur of the country and its various peoples. With my further Russian studies in 1970s, I began to realise what I thought then to be the impossible task of dismantling the appalling political and legal structures created by Stalin and some of the political and legal criminals who followed him. Here, Butler gives, in chapter 3, a most illuminating history lesson in case anyone should forget the Soviet Marxian legacy. Do read section G on ‘The Twilight Years 1900-1917’ and the piece on Vinogradoff concerning Russian “legal theorists in emigration”.
There is so much history to cover that, by the time you reach comments on the emerging modern judicial system in chapter 6, section B, much of the reign of terror under Stalin makes some sense, legally, especially if you compare his methods with those of Hitler – both of whom tried to corrupt the legal system and the judiciary for gangster reasons alone.
Criminal Procedure
Both civil and criminal procedures are well detailed. I advise anyone travelling to or through Russia to read chapter 7, which gives an insight into the articles of the Criminal Code. In some ways, it highlights the need for a proper (but flexible) Code, which we have been building up within the English Legal System for some years thanks to the work of the late Professor Sir John Smith and others. The content of a court judgment is set out and the new procedures when an admission of guilt is made are well covered since the law was altered in 2002.
The Substantive Law
Any client you may have who has become involved with what is termed here as ‘entrepreneurial law, would be well advise to read Part III which covers:
• Constitutional and administrative law
• Civil law
• Family law
• Entrepreneurial law (i.e. company law!)
• Securities regulation
• Banking law
• Taxation
• Natural resources and the environment
• Labour law
• Criminal law
I feel this book is a testament to what can be achieved after the dead economic years under the Soviet hammer. This book illustrates what can be done when totalitarianism and secrecy are exchanged for innovation and freedom.
PHILLIP TAYLOR MBE LL.B (Hons) PGCE Barrister-at-Law
Richmond Green Chambers
Displaying 1 of 1 review