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Chapter 4: Law, Legal Enforcement, and the Courts

Chapter 4: Law, Legal Enforcement, and the Courts

pp. 81-102
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Extract

Despite the common perception of Russia as a lawless place where an all-powerful president can do what he likes, or one with corrupt law enforcement and courts that are deeply mistrusted by citizens, Russia is indeed a country of laws. It is governed by a constitution and by laws passed through a bicameral legislature and signed by the president. Courts decide cases, criminal defendants are prosecuted, and businesses and individuals can sue one another when relationships go sour or damages have been done. Legal actors are acutely aware of what the laws say and how they are written and are careful to rely on the text of the law when making decisions. Behind the formal institutions of law, however, also lie informal practices. We often refer to this as the difference between the “law on the books” and the “law in action.” How law operates and is implemented, in other words, often matters more than how the law is written. This chapter will introduce both the formal and informal aspects of law in today’s Russia. These two aspects of the law combine to produce a system that is dualistic. It is both politicized – used to repress opposition and dissent – and ordinary – serving the needs of the average citizen – at the same time. The chapter will also demonstrate the importance of law and the legal system in the consolidation of President Vladimir Putin’s power.

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