Difference between revisions of "Russia"

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===Constitution===
 
===Constitution===
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Some fundamental defendant’s rights are guaranteed by the Constitution of Russian Federation adopted 12 of December, 1993.  Moreover, the universally-recognized norms of international law and international treaties and agreements of the Russian Federation are a component part of its legal system. It means that after ratifying a treaty Russian Federation has an obligation to integrate the treaty’s norms into national legislation.
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*article 20 – right to have the case examined by jury trial; 
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*article 22 – time limitation of the detention without the court’s decision; 
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*article 23 – right to privacy of letters limited only by court warrant;
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*article 24 - ensure right to discovery for everyone; 
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*article 25 – privacy of the home;
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*article 46 – guarantee judicial protection of freedoms and rights, the right to appeal to international bodies; 
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*article 47 - the right to the consideration of the case in competent court;
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*article 48 -  the right to qualified legal assistance, the right to receive assistance of a lawyer (counsel for the defense) from the moment of detention, confinement in custody or facing charges; 
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*article 49 – the  presumption of innocence;
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*article 50 – double jeopardy, the right to appeal against the judgment of a lower court decision to a superior court; 
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*article 51 – the right not to give self-incrimination evidence or against husband/wife and close relatives;
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*article 54 – Ex Post Facto.
  
 
===Statutory===
 
===Statutory===

Revision as of 11:31, 3 May 2012

Contents

Background

The Russian Federation is the biggest country all over the world, with its territory of 17 million sq. km. and 139.4 million of people, Moscow is its capital. Following the Russian revolution 1917, Russia became the largest and leading constituent of the Soviet Union, the world's first constitutionally socialist state and a recognized superpower. The Russian Federation was founded following the dissolution of the Soviet Union in 1991, but is recognized as the continuing legal personality of the Soviet state. Russia is a permanent member of the United Nations Security Council, a member of the G8, G20, the Council of Europe, the Asia-Pacific Economic Cooperation, the Shanghai Cooperation Organization, the Eurasian Economic Community, the Organization for Security and Cooperation in Europe (OSCE), and is the leading member of the Commonwealth of Independent States.

Type of system

The legal system of the Russian Federation is civil – legal system inspired by Roman law, the primary feature of which is that laws are written into a collection and codified. The judiciary in Russia is split into three branches: the regular court system with the Supreme Court at the top, the arbitration court system with the High Court of Arbitration on top, the Constitutional Court and constitutional (charter) courts of the subjects of federation as separate bodies. Criminal cases are heard by magistrates’ courts, courts of districts, courts of federal subjects (states), Supreme Court depending on the severity of a crime.

Sources of Defendant's rights

Constitution

Some fundamental defendant’s rights are guaranteed by the Constitution of Russian Federation adopted 12 of December, 1993. Moreover, the universally-recognized norms of international law and international treaties and agreements of the Russian Federation are a component part of its legal system. It means that after ratifying a treaty Russian Federation has an obligation to integrate the treaty’s norms into national legislation.

  • article 20 – right to have the case examined by jury trial;
  • article 22 – time limitation of the detention without the court’s decision;
  • article 23 – right to privacy of letters limited only by court warrant;
  • article 24 - ensure right to discovery for everyone;
  • article 25 – privacy of the home;
  • article 46 – guarantee judicial protection of freedoms and rights, the right to appeal to international bodies;
  • article 47 - the right to the consideration of the case in competent court;
  • article 48 - the right to qualified legal assistance, the right to receive assistance of a lawyer (counsel for the defense) from the moment of detention, confinement in custody or facing charges;
  • article 49 – the presumption of innocence;
  • article 50 – double jeopardy, the right to appeal against the judgment of a lower court decision to a superior court;
  • article 51 – the right not to give self-incrimination evidence or against husband/wife and close relatives;
  • article 54 – Ex Post Facto.

Statutory

Other Sources

Protections from police

Identity Checks
Stop and Frisks
Right to silence
Right to counsel
Confessions
Search and seizure
Arrest

During detention

Freedom from prolonged pre-trial detention
Freedom from punishment
Right to counsel
Right to habeas corpus
Right to medical care

Rights at trial

Double jeopardy
Legality principle
Presumption of innocence
Standards of proof and standards for conviction
Right to compulsory process
Right to confront witnesses
Right to counsel
Right to a fair trial
Right to notice of charges
Right to non self-incrimination
Right to a speedy trial
Right to trial by jury
Right to impartial judge

Sentencing

Capital punishment
Ex-post facto punishment
Freedom from cruel or unusual punishment
Freedom from torture
Right to appeal
Right not to be fined excessively

Rights in prison

Conditions of confinement
Immigrant detention
Right to medical care in prison
Mental health care
Restriction of rights
Women's rights in prison

Ways to protects rights

Motions

Exclusionary Rule or Nullity of Procedure

Civil Action

Police Procedures

Complaint/information

Arrest, search and seizure laws

Stops and Frisks
Arrests
Pre-trial detention
Searches

Lineups and other identification procedures

Interrogation

Beofre formal charge in court
After defendant is formally charged
Enforcing the rules (procedures to protect against illegal interrogation)

Right to counsel

Court Procedures

Pre-trial

Initial Court-Appearance
Charging instrument
Preliminary hearing
Pre-trial motions
Discovery

Trial

Nature of the trial
Defendant
Lawyers
Expert witnesses
Judges
Victims

Sentencing

Appeals

Right to counsel
Ineffective assistance of counsel
Other grounds for appeals
Collateral remedies (habeas, etc)