When summing up the results of judicial reform in
1990—1995, it is possible to point out that, in spite of its inconsistency,
during the first 3—4 months basic preconditions for establishing independent
judicial power in Russia were created. A concept of judicial reform was adopted.
It stipulates the establishment of a federal judicial system, the rights of
citizens to jury trial, the arrangement of adversarial and balanced court
proceedings, a system of guarantees for judges' independence; a constitutional
court and court of arbitration were set up; judicial control over arrests and
interference of the state in private life was introduced, and a draft law on the
judicial system was developed.
However, these preconditions were not developed in practice
and we can assert that there is no independent judicial power in Russia. The
public, lawyers and authorities still regard the courts as a repressive body,
aimed primarily at fighting crime. The constitutional right for court defense,
as well as the right for social protection and protection of property and
personal inviolability are not satisfied. These rights, stated in the
Constitution, are regarded as mere declarations. Thus, according to public
polls, more than 50 per cent of respondents, whose rights had been violated, did
nothing to defend themselves. Less than 13 per cent applied to courts. Only a
small proportion of people arrested on procurator's orders (in 1994, 17.3 per
cent) exercised their right to court appeal their arrest. Entrepreneurs often
prefer to turn to criminal groups rather than to courts to settle their business
conflicts. Criminal groups frequently undertake the execution of court
decisions. In many respects courts function worse now than they did ten years
ago. People spend several months waiting to bring a lawsuit to court. Court
investigation on criminal cases lasts an extremely long timemaking thousands of
Russian people suffer in unbearable conditions of SIZOs.
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