A ‘Common European Home'? The Rule of Law and Contemporary Russia

Abstract

Russian President Vladimir Putin was quoted in a newspaper article last year as claiming that “[b]y their mentality and culture, the people of Russia are Europeans”. The accuracy of this claim has been a topic of considerable debate in Russian literature and politics from the time of Czar Peter the Great at least. The pressing question is whether Russia wants to be part of today's Europe. Mounting evidence from the domestic and foreign policy of the Russian Federation suggests that the answer to this question is ‘nyet'.

Fair Trial and Judicial Independence

“…Although a paraphrasing section is included in the law reiterating the limitations on the restrictions of fundamental rights that are made possible under the ECHR, there are still no specific limitations on the actions of the FSB in rendering pre-trial procedures, trial 10 practices or effective remedies more transparent and more observed. 12 Some said more than a decade ago that 'the transfer of legal ideas between countries and the integrative force of international law' (Frei andMacLaren 2004:1297) might help in placing Russia within the category of rule of law countries. I do not go this far, but it is undisputed that the role of the integrative force of international law and international institutions is undeniable in the development of Russian law.…”